-4-
7.
Regarding the obligation of the State to grant a scholarship for post-secondary or
university studies to Luis Alberto Cantoral Benavides (operative paragraph six of the
Judgment on reparations), the State indicated that “the Ministry of Education has
satisfactorily completed the processing and has made the payment” (f.1497), that is to say,
“it has completely paid for Mr. Luis Alberto Cantoral Benavides’ university studies […],
expenses were paid in a timely manner and in accordance with the estimations that were
budgeted for and given to the Ministry of Economy and Finance and previously accepted by
the representatives […], in the absence of any debt or any recognition of accruals due to
delays in payments […].”
8.
The representatives reiterated that “there is a difference of 12,157.20 [Brazilian]
[R]eales between the payments made by the State [and] Mr. Cantoral Benavides´ expenses
in 2007 and 2008,” because, when payments were agreed, the calculation was based upon
an estimation where a 5 % increase in expenses was applied to those years compared to
2004, 2005, and 2006, but this did not correspond to the actual expenses incurred. They
indicated, in addition, that in April of 2010, they had a meeting in Lima with the Specialized
Prosecutor General’s Office, which promised to coordinate with the Ministry of Education and
the National Board of Human Rights to cover the difference between the payments. Also,
they acknowledged that “all the payments were made in accordance with the timeframes
set between the parties in the Act of Fulfillment of the Judgment [December 28, 2007]” and
that the only delayed payment would be the one referred to. Although on various occasions
they stated that the payment of the moratory interests generated by the delays were still
pending, in their last brief, the representatives stated that as an act of goodwill, Mr.
Cantoral Benavides had stated that he had renounced the payment of the moratory
interests. Lastly, they requested the Court to continue to monitor compliance regarding this
obligation until the execution of all payments has been verified.
9.
In response to the representatives’ remarks, the State issued a report from the
Ministry of Education of January 15, 2010, which gives details of the actions carried out to
comply with this point, in an alternate manner to the steps originally taken to obtain a full
academic scholarship in Peru. The report states that, having paid S/.133,641.30 for 2004
through 2006, in November of 2006, studying expenses for 2007 and 2008 were estimated
at S/.49,713.14 and S/.52,198.79, so as to be included in the respective annual budgets.
Therefore, for the purposes of timely undertaking the respective payments, in January of
2007, Mr. Cantoral Benavides’ representatives were informed of this matter because they
had to agree to the processing, approval, and inclusion of the respective budgets. The State
asserted that the representatives expressed their full agreement with the amounts.
Furthermore, according to the report, the alleged lack of compliance by the Ministry of
Education “becomes unfounded, insofar as the amounts paid in 2007 and 2008 were
projected, programmed, and considered by the Ministry of Economy and Finance, so as to
include payment commitments in the respective years, and especially given that said
amounts were considered and fully accepted” by the representatives. The State added that
the increased expenditure requested by Mr. Cantoral Benavides could not be acknowledged
since said amounts, predicted for 2007 and 2008, were approved and authorized as the
limits by said Ministry. Additionally, it stated that, in terms of the allegations that a
representative of the Ministry of Education had acknowledged an increased expenditure and
that this would be allowed for in the 2008 payment, “no agreement, act, or document exists
that supports said statement.” Regarding the acknowledgment of the academic expenses
and interests for 2009, it also became inadmissible since the representatives announced
that Mr. Cantoral Benavides had finished his studies.
10. To this end, the representatives stated that when signing the Act, the Ministry of
Education acknowledged that the 2007 and 2008 amounts were approximations, given that