than six months. Regarding proper monitoring of compliance with these measures, the Court
considers that, in its next report, the State must provide detailed and complete reference to
the progress made as to the actual payment of compensation, as well as the outcome of the
ruling made regarding the request of the common intervener Feria Tinta on the "Approval of
a complete list of victims with the payments ordered by the Court, [...] and the calculation
of interest” (supra Considering clause 68). It must provide information on: i) the state of the
determinations regarding degree of disability for each of the surviving victims who submitted
request in this regard; ii) detail regarding what next of kin of the 41 victims had appeared in
order to "establish family relationship,” as well as the state of the processing of payment of
compensation pursuant to the provisions of the Judgment, and iii) information about the
requests of the surviving victims and the next of kin of the victims not identified in the
Judgment that have been rejected by the domestic authorities.
H. Reimbursement of costs and expenses (paragraph 456 of the Judgment)
H.1) Measure ordered by the Court
79.
In paragraphs 456 and 464 of the Judgment, the Court ordered that, within a year,
the State must provide reimbursement for costs and expenses "in the amount of
US$75,000.00 (seventy five thousand dollars of the United States of America or its
equivalent in Peruvian currency) to Mrs. Mónica Feria Tinta (common intervener), and the
amount of US$15,000.00 (fifteen thousand dollars of the United States of America or its
equivalent in Peruvian currency) to [... ] the group of representatives [formed by Sabina
Astete, Douglas Cassel, Peter Elinder and Berta Flores].” 67
H.2) Information and observations of the parties and the Inter-American Commission
80.
The State made no specific reference to the obligation to reimburse the amounts
established in the Judgment for costs and expenses.
81.
The common intervener Feria Tinta pointed out that the State “has not failed to
report anything about its compliance with the measure” but "has also been ignoring" that a
measure exists regarding the reimbursement of costs and expenses, although "the State
[...] has had a budget established to comply with this measure [...] since [2012].”
82.
The common intervener Cassel said it has not received payment of costs ordered by
the Court.
H.3) Considerations of the Court
83.
The State has not reported on compliance with the reimbursement of the amounts
provided for costs and expenses. Both common interveners said they had not received such
payments. In this regard, the Court notes with concern that the deadline for the
implementation of this measure was one year from the notification of the Judgment and six
years and nine months have passed without Peru having complied with the measure. In light
of the foregoing, the State must, immediately, provide reimbursement and report it to the
Court.
I. Reimbursement to the Victim’s Legal Assistance Fund
67
Moreover, it ordered that said group of representatives should assign one person in representation to
receive the mentioned amount.
33
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