54.
Taking into account the 12 years that have passed since the Judgment was
handed down, and the five years that have elapsed since the Inter-American
Commission specified that the respective payment should be made to FASIC, the Court
asks that FASIC, as soon as possible, advise the State of its bank account, so that the
State can proceed to make the respective payment. In its next report, the State must
forward updated information on this point.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its decisions and in accordance
with Articles 33, 62(1), 62(3), 65, 67, and 68(1) of the American Convention on Human
Rights, 25(1) and 30 of its Statute, and 31(2) and 69 of its Rules of Procedure,
DECLARES THAT:
1.
In accordance with the findings in Considering clauses 6 to 48 of this Order, it
proceeds to end monitoring compliance with the following operative paragraphs of the
judgment:
a)
find the proceedings conducted against Jaime Francisco Sebastián Castillo Petruzzi,
María Concepción Pincheira Sáez, Lautaro Enrique Mellado Saavedra and Alejandro Luis Astorga
Valdez invalid, as they were incompatible with the American Convention on Human Rights, and
order that the persons in question be ensured a new trial in which the guarantees of due
process of law are ensured (Operative paragraph thirteen of the Judgment and Considering
clauses 26 to 48), and
b)
adopt appropriate measures to amend those laws that the judgment has declared to
be in violation of the American Convention on Human Rights and ensure the enjoyment and
exercise of the rights recognized in the American Convention to all persons subject to its
jurisdiction, without exception (Operative paragraph fourteen of the judgment and Considering
clauses 6 to 25).
2.
That it will keep open the procedure to monitor compliance with the following
aspect pending fulfillment:
a).
Pay the total of US$10,000.00 (ten thousand dollars of the United States of America),
or its equivalent in Peru’s national currency, to the next of kin of Jaime Francisco Sebastián
Castillo Petruzzi, María Concepción Pincheira Sáez, Lautaro Enrique Mellado Saavedra and
Alejandro Luis Astorga Valdez who prove they have incurred costs and expenses by reason of
the instant case. (Operative paragraph fifteen of the judgment and Considering clauses 49 to
54).
AND DECIDES TO:
1.
Require the State of Peru to adopt all necessary measures to comply promptly
and effectively with the aspect pending compliance indicated in the second declarative
paragraph supra, pursuant to the provisions of Article 68(1) of the American Convention
on Human Rights.
2.
Request the State of Peru to present to the Inter-American Court of Human
Rights, by September 20, 2011, at the latest, a report indicating all the measures
adopted to comply with the reparation ordered by this Court that is pending compliance,
as indicated in Considering clauses 52 to 54, and in the second declarative paragraph of
this Order.
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