78
185. With regard to the phrase in the SBS decisions that indicated “the right of the
SBS to deduct, in accordance with the judgment of the Inter-American Court of
Human Rights, the amount that may have been paid in excess,” this Court considers
that this reservation in the SBS decisions has no effect (supra para. 119).
186. In accordance with its constant practice, the Court reserves the right to
monitor full compliance with this judgment. The case will be closed when the State
has fully applied its provisions. Within one year from notification of this judgment,
the State must provide the Court with a report on the measures taken to comply
with the said judgment.
XIII
OPERATIVE PARAGRAPHS
187.
Therefore
THE COURT,
unanimously,
1.
Declares that the State violated the right to property embodied in Article 21
of the American Convention on Human Rights, as stated in paragraphs 93 to 121 of
this judgment, to the detriment of Carlos Torres Benvenuto, Javier Mujica RuizHuidobro, Guillermo Álvarez Hernández, Maximiliano Gamarra Ferreyra and Reymert
Bartra Vásquez.
2.
Declares that the State violated the right to judicial protection embodied in
Article 25 of the American Convention on Human Rights, as stated in paragraphs 125
to 141 of this judgment, to the detriment of Carlos Torres Benvenuto, Javier Mujica
Ruiz-Huidobro, Guillermo Álvarez Hernández, Maximiliano Gamarra Ferreyra and
Reymert Bartra Vásquez.
3.
Declares that the State failed to comply with the general obligations of
Articles 1(1) and 2 of the American Convention on Human Rights, in relation to the
violations of the substantive rights indicated in the preceding operative paragraphs,
as stated in paragraphs 161 to 168 of this judgment.
4.
Declares that this judgment constitutes per se a form of reparation for the
victims, as stated in paragraph 180 of this judgment.
5.
Decides that the possible patrimonial consequences of the violation of the
right to property should be established under domestic legislation, by the competent
national organs.
6.
Decides that the State must conduct the corresponding investigations and
apply the pertinent punishments to those responsible for failing to abide by the
judicial decisions delivered by the Peruvian courts during the applications for
protective measures filed by the victims.
7.
Decides that, as indicated in paragraph 190 of this judgment, in fairness, the
State must pay the four victims and Maximiliano Gamarra Ferreyra’s widow the
amount of US$3,000.00 (three thousand United States dollars) for non-pecuniary
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