2
1.
That the State has complied with the obligations estabished in operative paragraph six of the
Judgment on preliminary objections, merits, reparations and costs issued by the Tribunal on November
24, 2006, regarding the payment of the amounts set in paragraph 154 as costs (operative paragraph six
of the Judgment and paragraphs 157 through 161 of the same).
2.
That it [would] keep the process of monitoring of compliance with the points pending complete
fulfillment open, namely:
a)
to guarantee the 257 victims access to a simple, rapid, and effective remedy, for which
a process shall be concluded as soon as possible setting up an independent and impartial organ
with authority to issue binding and definitive rulings on whether these individuals were dismissed
properly and with justification from the Congress of the Republic or, should the opposite be the
case, to determine and establish the corresponding legal consequences, including, where
applicable, due compensation based on the specific circumstances of each individual, as soon as
possible (operative paragraph 4 of the Judgment and paragraphs 148, 149, and 155 of the
judgment), and
b)
to immediately pay the quantity awarded to the 257 victims as compensation for nonpecuniary damages (fifth operative paragraphs of the Judgment and paragraphs 151, 156 and
158 to 161).
And Rul[ed]
1.
To order the State of Peru to adopt all the measures necessary to give effective and prompt
fulfillment of the points from the Judgment that are pending compliance […] set forth in Declarative
Paragraph two [of the Order].
2.
To ask the State of Peru to present the Inter-American Court of Human Rights, by no later than
March 1, 2010, with a report indicating all the measures adopted in order to comply with the reparations
ordered by this Court that are pending fulfillment, pursuant to Considering Clause 29, 41 and 55 [of the
Order].
3.
To ask the common interveners of the representatives of the victims and of the Inter-American
Commission on Human Rights to present the observations that they deem pertinent on the State’s report
mentioned in the previous operative paragraph within four and six weeks, respectively, following the
receipt of said report.
4.
To continue supervising the outstanding points of the Judgment on preliminary exceptions,
merits, reparations and costs issued by the Tribunal on November 24, 2006.
[…]
6.
The briefs of March 18 and 26 June 22, 2010, through which the State made
reference to compliance with the judgment.
7.
The briefs of December 7, 2009, and January 26, March 2 , June 2, October 22, and
November 12, 2010, through which the common interveners of the representatives of the
victims (hereinafter "the interveners") submitted comments on the status of compliance
with the judgment.
8.
The communication dated July 1, 2010, through which the Inter-American
Commission on Human Rights (hereinafter "the Commission" or "the Inter-American
Commission") submitted its comments on the status of compliance with the judgment.
B)
Request for adoption of provisional measures
9.
The brief received by electronic mail on July 14, 2000, through which Mr. Adolfo
Fernández Saré and another eight individuals submitted to the Inter-American Court a
petition for provisional measures under the terms of articles 63(2) of the American
Convention and 27 of the Rules of Procedure of the Court, asking it to order “their
reinstatement in their positions in the Congress of the Republic of Peru while State officials
comply with executing Operative Paragraph No. 4 of the judgment;" and for the State to
"provide full medical care through the Social Security system known as [ESSALUD] to each
of the victims and their close family members […] until this case is resolved in a definitive
manner.”