7
v)
Mr. Ramírez Rojas filed an appeal to annul said Judgment, but he
had not been able to access a copy of the Judgment or the revision of
the case file in the procedural term;
vi)
the criminal proceedings against Mr. Ramírez Rojas were joined
with other proceedings without the necessary binding connection given
that they emanated from completely different reports;
vii)
the District Attorney (“Fiscal Superior”) accused Mr. Ramírez
Rojas of terrorism and for being part of the terrorist organization The
Shining Path. This accusation was based on the validation of proof from
the first criminal proceedings that was annulled as a result of the habeas
corpus motion filed by his defense;
viii)
the facts which founded the prosecution of Mr. Ramírez Rojas
contradict the facts considered proven by the Court regarding his
detention and the police investigation, and
ix)
the evidence to which the National Chamber of Terrorism (“Sala
Nacional de Terrorismo”) refers could not be used in a new case against
Mr. Ramírez Rojas without violating the American Convention on Human
Rights and ignoring the jurisprudence of the Court, since a substantiating
element of the accusation can not be put forward if it has not been
obtained under the minimal guarantees.
4.
The communication presented by the Inter-American Commission on Human
Rights (hereinafter “the Commission” or the “Inter-American Commission”) on May 16,
2007, whereby the Commission stated, inter alia:
a)
regarding the obligation to provide free medical and psychological care
to Mr. Wilson García Asto through its health services, including the provision of
free medicine, that it values the advances made to give Mr. García Asto medical
and psychological attention and hopes that the State carries out the necessary
actions to overcome the hurdles that have blocked the free provision of
medicine;
b)
regarding the obligation to provide Mr. García Asto and Mr. Urcesino
Ramírez Rojas the opportunity to have professional training and update,
through the granting of scholarships, that the State should comply with this
reparation in light of the interest manifested by the victims;
c)
regarding the obligation to pay, within one year, the amounts
determined in the Judgment for compensation for material damages, immaterial
damages, and costs and expenses, that the State has paid the amounts due
with the exception of the pending payment of US$7,400.00 to Mr. Ramírez
Rojas and the payment of compensation for Marcos Ramírez Rojas, who has
reached the aged of majority and therefore it is no longer necessary to create a
trust;
d)
regarding the obligation to publish in the Official Gazette and in another
newspaper of nation-wide circulation, the relevant parts of the Judgment, that
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