6
information provided by the representatives of the Gómez Paquiyauri family, “the way in
which the ceremony was organized, did much to lessen its value as a reparation,” because
the State did not seek the family’s participation in the selection of the school and only
informed them about the act five days before it was carried out (supra Having seen
paragraph 5). Nevertheless, the Court finds that the State has complied with the provisions
of the Judgment (twelfth operative paragraph of the Judgment).
*
*
*
15.
That the State has reported that it has still not granted a scholarship up to university
level for the child, Nora Emely Gómez Peralta. However, measures have been taken with the
Ministry of Education’s representative to the National Human Rights Council and his reply is
awaited. The State also advised that it was organizing a meeting with Jacinta Peralta
Allcarima in order to resolve this measure of reparation ordered in the third operative
paragraph of the Judgment (supra Having seen paragraph 4).
16.
That the State had the obligation to grant the scholarship for Nora Emely Gómez
Peralta within one year from notification of the Judgment, in other words, prior to July 2005;
and that it should include educational materials, textbooks, uniforms and school supplies.9
17.
That the child, Nora Emely Gómez Peralta, is now 16 years of age and in two years
will reach university age. Consequently, the representatives indicated that the State should
not only grant the annual scholarship as soon as possible, including her university studies,
but also consult the family in order to reimburse the cost of her schooling to date, and to
assess whether the lack of financial resources has prejudiced her education (supra Having
seen paragraph 5).
18.
That, in this case, the scholarship should have been granted paying particular
attention to the time limit established in the Judgment, because, to the contrary, the child
could conclude her studies without having received the scholarship. Consequently, the Court
considers that the State must grant the scholarship to the child Nora Emely Gómez Peralta
as soon as possible, and that it should include the victim’s university studies and reimburse
the reasonable expenses related to the purchase of the educational material, textbooks,
uniforms and school supplies acquired since July 2005, as the Court ordered in the Judgment
(supra seventeenth Considering paragraph).
*
*
*
19.
That the parties advised that the State had complied with the provisions of the
thirteenth operative paragraph of the Judgment, regarding the registration of the birth of
Nora Emely Gómez Peralta as the daughter of Rafael Samuel Gómez Paquiyauri. On
September 28, 2007, the Lima Regional Head Office of the National Civil Registry cancelled
the birth certificate registered with the Civil Registry Office in the Provincial Municipality of El
Callao. On October 19, 2007, Nora Emely Gómez Peralta was registered as the daughter of
Rafael Samuel Gómez Paquiyauri before the San Borja District Municipality, with the
corrections requested by Jacinta Peralta Allcarima and ordered by the Court (supra Having
seen paragraphs 4, 5 and 6). Consequently, the Court considers that the State has complied
with this measure of reparation.
9
Cf. Case of the Gómez Paquiyauri Brothers, supra note 6, paras. 237 and 244. The Judgment was notified
to the State on July 14, 2004.