THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its attributes to monitor compliance with its decisions and pursuant to Articles
33, 62(1), 62(3), 67 and 68(1) of the American Convention on Human Rights, 24 and 30 of
its Statute, and 31(2) and 69 of its Rules of Procedure,
DECLARES THAT:
1.
As indicated in considering paragraphs 6 to 15 of this Order, the State has complied
with the following operative paragraph of the Judgment:
a)
To take, with due diligence, the measures required to locate the mortal
remains of Santiago Gómez Palomino and to return them to his next of kin, and to
provide the conditions necessary to transfer and bury the remains in a place of their
choice (eighth operative paragraph of the Judgment).
2.
It will keep open the proceeding of monitoring compliance with regard to the
following aspects pending fulfillment:
a)
To investigate effectively the alleged facts, and to identify, prosecute and
punish, as appropriate, those responsible for the violations (seventh operative
paragraph of the Judgment);
b)
To provide medical and psychological treatment, free of charge and through
its specialized health institutions, to Victoria Margarita Palomino Buitrón, Esmila
Liliana Conislla Cárdenas, María Dolores Gómez Palomino, Luzmila Sotelo Palomino,
Emiliano Palomino Buitrón, Mónica Palomino Buitrón, Rosa Palomino Buitrón
Margarita Palomino Buitrón, and the minor Ana María Gómez Guevara (tenth
operative paragraph of the Judgment);
c)
To implement the education programs established in the Judgment (eleventh
operative paragraph of the Judgment);
d)
To adopt the necessary measures to amend the criminal laws in order to
make them compatible with international standards regarding forced disappearance
of persons (twelfth operative paragraph of the Judgment), and
e)
To pay the balance of the amounts established in the Judgment (thirteenth,
fourteenth and fifteenth operative paragraphs of the Judgment).
AND DECIDES:
1.
That it will continue monitoring the operative paragraphs pending compliance of the
Judgment on merits, reparations and costs delivered by the Court on November 22, 2005.
2.
That the State of Peru must present to the Inter-American Court of Human Rights,
by June 28, 2013, at the latest, a report in which it indicates all the measures adopted to
comply with the reparations ordered by the Court that remain pending, as indicated in
considering paragraphs 16 to 23, as well as in the second declarative paragraph of this
Order.
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