framework of the proceeding regarding compensation in case file 11891-2010, 66 noting that
five of the victims” are not the same people who were identified in the [J]udgment.” That
communication shows the name entered in the Judgment and then the name of the
individual “[n]amed in the order,” respectively, as follows: Luis Villanueva Rosales, instead
of Luis Orlando Villanueva Rosales; Delia Taquiri Yanqui, instead of Delia Natividad Taquiri
Yanqui; Arturo Agüero Garamendi, instead of Arturo Carlos Agüero Garamendi; Danielo
Blanco Cabeza, instead of Danilo Deciderio Blanco Cabeza, and Osman Morote Barrionuevo,
instead of Osman Roberto Morote Barrionuevo. Also, in that communication, the Public
Prosecutor seeks “a declaration of the inability to enforce the Judgment as to such persons”
and adds as grounds, inter alia, that “the abovementioned people have not been fully
identified” and “safeguards [the] legitimate right to due process, considering that the
judgments of [the] [Inter-American] Court are of exclusive jurisdiction under the provisions
of Art. 30 [...] of the Rules of Procedure of the Inter-American Court.”
75.
The Court notes the information presented by the common intervener and requested
that the State report if indeed it would exclude victims from its compliance with this
measure of reparation due to differences that, if the assertions of the common intervener
are true, are not decisive regarding the identification of victims.
76.
Based on the foregoing, the Court notes that “implementing legal proceedings to
comply with the measures of reparation has caused the victims or their next of kin to go
through a judicial process that has unduly delayed them from receiving compensation for
pecuniary and non-pecuniary damage. It has been over six years since the expiration of the
18 months given to the State to implement the measure, without Peru complying with any
payment of compensation. Through judicial means, Peru has not resolved some of the
requests that have been made. This delay is particularly serious, especially after the alleged
availability of “an approved budget [...] for the payment of compensation to be made."
(supra Considering clauses 68 and 70).
77.
Finally, the Court notes that Peru claims that a large number of surviving victims and
next of kin of the unidentified victims in the Judgment may have submitted requests after
the expiration of the eight months allotted for submission, which for the State, “expired
without fail on September 5, 2007” and that the State declared those requests
“inadmissible.” The Court considers as valid the arguments presented by the common
interveners (supra Considering clauses 67 to 69) to request that Peru be more flexible
regarding the acceptance of requests by the surviving victims and their next of kin and the
corresponding evidence, especially since after notice of the Judgment, Peru did not
communicate in a clear and comprehensive manner to the victims what the mechanism or
procedure would be for implementing the measure and which authorities would be
responsible for doing so. In this sense, Peru must accept all the requests made by the
surviving victims to determine the category of disability in accordance with paragraphs 425
and 433(c) paragraphs (i) to (vi) of the Judgment, as well as of the next of kin of the
unidentified victims in the Judgment, even those presented after September 5, 2007.
78.
The Court considers that Peru proceed immediately and directly with payment of
compensation to all individuals whose circumstance does not require a determination by the
domestic authorities and, in the case of those whose intervention is required, that it
implement the necessary steps in order for this to occur as soon as possible and no later
66
Request of August 26, 2010, signed by the Public Prosecutor of the Public Prosecutor’s Office addressed to
the Specialized Court on the Execution of Supranational Judgments (brief filed by the common intervenor Douglass
Cassel on March 18, 2013, annex IV, case file of Monitoring of Compliance with Judgment, tome IV, folios 2010 to
2013).
32
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