8
a)
both the State and the victim have informed the Court that payment has
been collected through a deposit certificate issued as a result of the execution
proceedings instituted by the latter. However, Mr. Cesti-Hurtado has also
informed that the State has appealed the Decision that ordered the writ of
execution and the subsequent payment of a portion of the obligation. Therefore,
the controversy in this regard would seem to be related to whether the decision
ordering payment is final or not;
b)
court decisions intended to enforce compliance with the obligations
arising out of the Judgments of the Court must be observed, and so must any
other efforts made by government authorities to guarantee the rights of Mr.
Cesti-Hurtado;
c)
during the process to collect the amounts awarded for pecuniary
damages Mr. Cesti-Hurtado has faced many obstacles and difficulties. regarding
the principle of good faith and the implication this principle has in compliance
proceedings, the Commission hopes that there will not be any more delays to
comply with the orders of the Inter-American Court, and
d)
interest accrued as from the arbitration award has not been paid.
21.
The brief filed by the victim’s representative on February 25, 2006 and its
Appendixes, whereby the Court was informed that on December 14, 2005 an order was
issued holding the proceedings to enforce the arbitration award null and void, thus
bringing the proceedings back to square one and reversing the progress achieved with
regard to compliance with payment, as if it had never been made. Furthermore, even
when funds had been made available to meet the payments ordered in the Judgments
of the Inter-American Court, amicable settlements and arbitration awards, the Ministry
of Justice failed to settle its debt to Mr. Cesti-Hurtado.
22.
The State report of April 27, 2006 and its Appendixes, in which the State, after
having been granted an extension, indicated that:
a)
interest on the amount of compensation for moral damage was
recalculated at US$3,992.95 (three thousand nine hundred ninety-two US
Dollars and ninety-five cents), and
b)
the order of the Thirty-seventh Civil Court granted a precautionary
measure that could not be executed insofar as the banks had to determine
which State accounts were used for the deposit of revenue directly collected.
Nevertheless, the Court decided to issue a writ of execution on the State's
checking accounts and deposits in the domestic financial system without
notifying the banks so that they could determine the accounts subject to
execution. The court order was issued in error and was, therefore, null and
void. In addition, the court made no reference to the application of domestic
laws, and by failing to consider applicable law, the court lacked sufficient
grounds to issue the order, thus rendering it null and void.
23.
The brief of the victim’s representative of May 31, 2006, referring to the State
report of April 27, 2006 (supra Having Seen clause No. 22), whereby he informed,
inter alia, that the State only referred to the status of the execution proceedings
instituted by Mr. Cesti-Hurtado on March 29, 2005, but made no reference to the steps
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