2
4.
[t]he State failed to comply, at the time when the military proceedings were
followed against Mrs. Lori Berenson, with the duty established under Article 2 of the
American Convention, in the terms of paragraphs 218 through 226 of the […]
Judgment.
Judge Medina Quiroga dissenting.
AND [, UNANIMOUSLY,] DECID[ED] THAT:
1.
[T]he State must have its domestic legislation amended to conform with the
standards of the American Convention, in the terms of paragraphs 233 and 234 of the
[…] Judgment.
2.
[The] Judgment constitutes, in and of itself, a form of reparation, in the terms
of paragraph 235 of the […] Judgment.
3.
national
and the
the [...]
[T]he State must publish, in the Diario Oficial (Official Gazette) and in another
daily newspaper, both the Section of this Judgement entitled “Proven Facts”
operative paragraphs of the […] Judgment, in the terms of paragraph 240 of
Judgment.
4.
[T]he State must provide Mrs. Lori Berenson with adequate and specialized
medical care, in the terms of paragraph 238 of the […] Judgment.
5.
[T]he State must waive, in favor of Mrs. Lori Berenson, the debt imposed as
reparation for pecuniary damages established under civil law in favor of the State, in
the terms of paragraphs 239 and 245 of the […] Judgment.
6.
[T]he State must adopt, forthwith, the measures necessary for having
detention conditions in the Yanamayo penal facility conform to international standards,
to transfer to other prisons those who, on account of their personal conditions, cannot
be held at the heights where the aforesaid imprisonment facility is located, and to
report every six months to this Court on such changes, in the terms of paragraph 241
of the […] Judgment.
7.
[T]he State must pay Ms. Rhoda Berenson and Mr. Mark Berenson the amount
fixed in paragraph 243 of the […] Judgment for legal costs and expenses, in the terms
of paragraphs 244 through 246 of the […] Judgment.
8.
[T]he State must effect reimbursement of legal costs and expenses pursuant
to paragraph 243 of the […] Judgment, within a six-month time limit, as from the date
the [...] Judgment has been served upon it, as it has been set forth in paragraph 245
of [the] Judgment.
9.
[T]he State may discharge its pecuniary obligations by tendering United States
Dollars or an equivalent amount in the national currency of the State, to be figured out
at the New York, USA, exchange rate between both currencies on the day prior to the
day payment is effected.
10.
[th]e payment ordered for legal costs and expenses in the […] Judgment shall
not be affected, reduced or conditioned by tax reasons, be they present or future, in
the terms of paragraph 245 of the […] Judgment.
11.
[S]hould the State fall into arrears with its payments, interest shall be paid on
the amount owed, at the banking default interest rate current in Perú.
12.
[I]f the beneficiaries of payments for legal costs and expenses are not able to
receive the monies within the established term of one year, as from the date the notice
of judgment is served upon them, due to causes attributable to them, the State shall
deposit said amounts in an account in the name of the beneficiaries, or draw a
certificate of deposit from a reputable Peruvian bank, in the terms of paragraph 246 of
the […] Judgment.
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