7
5.
The May 31, 2004 brief in which the Fundación Ecuménica para el Desarrollo
y la Paz (FEDEPAZ), representative of the victims and their next of kin, submitted its
comments on the State’s April 1, 2004 report (supra Having Seen 4). FEDEPAZ
wrote the following:
a)
the State reported nothing about the investigation into the facts or the
two criminal proceedings instituted. One of these is now in trial, and has a
number of defendants; the other is now before the court of second instance,
which is the Special Criminal Chamber of the Supreme Court. The defendant
in the second of the two cases is former president Alberto Fujimori, and
measures are also being taken to secure his extradition from Japan;
b)
as for the compensation ordered for the minors, which is to be
deposited in “trust funds”, the State’s delay is unreasonable and unwarranted
since it should have deposited the amount in question back in the first quarter
of 2002, as ordered in the Court’s Judgment (supra Having Seen 2) and in
the Order on Compliance (supra Having Seen 3). FEDEPAZ is requesting that
the Court call upon the State to deposit what is owed and pay the interest
earned and the fee for the delinquency caused by that noncompliance;
c)
as for the educational benefits, FEDEPAZ acknowledges the State’s
efforts. However, the information it provided is a non-updated repetition of
the information it reported in earlier communications; in other words, it does
not name the persons who have benefited by the measures it has adopted or
any measures it has carried out in 2003 and 2004;
d)
concerning the symbolic reparation, FEDEPAZ is in agreement with the
State on the site selected to erect the monument and on the artist
commissioned; however, it would like to know exactly when this work is to be
done;
e)
the State provided no information at all on any progress made toward
including the most suitable legal classification to define the crime of
extrajudicial execution, even though Congress does have a functioning
“Commission to Review the Penal Code”, created by Law No. 27837.
FEDEPAZ asked the Court to call upon the State to present information on the
progress made in this area; and
f)
Peru did not report any information on the progress made toward
signing and ratifying the International Convention on the Non-applicability of
Statutory Limitations to War Crimes and Crimes against Humanity, even
though it acceded to that Convention through “Legislative Resolution No.
27998 of June 11, 2003.” FEDEPAZ supplied a copy of that Legislative
Resolution and made specific reference to the “reservation” –interpretive
declaration- that the State filed when ratifying that convention.
6.
The brief of June 1, 2004, through which the National Coordinator for Human
Rights (CNDDHH), representative of the victims and their next of kin, presented its
comments on the State’s April 1, 2004 report (supra Having Seen 4). It wrote the
following:
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