5
12.
The State report of October 7, 2005 and its Appendixes, in which the State,
after having been granted an extension, indicated that:
a)
on January 31, 2005, the Director of the Finance Office of the Ministry of
Justice provided information on the computation of default interest on the
amount of compensation for moral damage owed to Mr. Cesti-Hurtado. Given
the time elapsed, this amount should be recalculated at the time of payment;
b)
the judgment of January 12, 2005, sentencing Mr. Raúl Aurelio TalledoValdivieso to four years in prison and holding the criminal proceedings against
Guido Eduardo Guevara-Guerra in abeyance upon defendant’s failure to appear,
was appealed on the date of entry by the representative of the Attorney
General’s Office and was, therefore, remitted to the Sala Penal Especial de la
Corte Suprema de Justicia (Special Criminal Chamber of the Supreme Court of
Justice) and then sent to the Fiscalía Suprema (Prosecutor’s Office). The
aforesaid Prosecutor’s Office held that the judgment should be vacated and a
new judgment rendered;
c)
regarding to the payment of the compensation for moral damage
sustained by Mr. Cesti-Hurtado, on March 7, 2005, the Secretario Técnico de la
Presidencia del Consejo de Ministros (Technical Secretary of the Presidency of
the Cabinet) sent an official letter to the Vice-Minister of Justice, stating that,
pursuant to Law No. 27,775, unpaid pecuniary reparations awarded by the
Inter-American Court shall be borne by the Ministry and not by the FEDADOI.
On May 24, 2005, the General Secretary’s Office of the Ministry of Justice sent
an official letter to the General Director of the Dirección Nacional de
Presupuesto Público (National Office of Public Budget), requesting that the
budget modification for additional funds to settle any unpaid compensation
awarded by the Inter-American Court be made for that fiscal year. On June 13,
2005, the Secretaría Ejecutiva del Consejo Nacional de Derechos Humanos
(Office of the Executive Secretary of the National Council on Human Rights)
requested the Director of the Oficina General de Administración del Ministerio
de Justicia (General Administration Office of the Ministry of Justice) to take
appropriate action to prepare a report on the computation of interest owed to
Mr. Cesti-Hurtado for the delay in payment of pecuniary damages. The Oficina
General de Administración (General Administration Office) submitted the
computation of statutory interest payable on said amount. On June 13, 2005,
the Banco de la Nación (National Bank) informed the FEDADOI that its account
had been seized under a writ of execution issued by the Thirty-seventh
Specialized Civil Court for the benefit of Mr. Cesti-Hurtado. By means of official
letter of July 19, 2005, The Executive Secretary of the National Council on
Human Rights) informed that, in the absence of specific regulation setting the
order of priority of the payments to be met by the FEDADOI pursuant to the
Judgments of the Inter-American Court, the “first in time, first in right” rule
should be applied. On August 15, 2005, the Dirección Nacional de Presupuesto
Público (National Office of Public Budget) requested the Ministry of Justice to
provide information on additional funds to comply with the payment obligations
imposed by the Inter-American Court. On September 9, 2005, the Secretaría
Ejecutiva del Consejo Nacional de Derechos Humanos (Office of the Executive
Secretary of the National Council on Human Rights) sent a communication to
the President of the FEDADOI, expressing concern over the State’s failure to
comply with the payment of the compensation ordered by the Inter-American
Court insofar as it adversely affects the international reputation and interests of
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