13
e)
Support in uniforms, classwork material and others (“donations or
other support requested can be channeled through the commercial firms or
institutions linked to this sector”)
44.
On the other hand, articles two and eight of the agreement set forth other
reparation measures that the State undertakes to carry out:
a)
to abide by the decision of the Court in the ruling on interpretation of
the judgment on the merits “regarding the meaning and scope of the
declaration of ineffectiveness of Laws Nº 26479 and [Nº]26492”5;
b)
to initiate the procedure to include “the most suitable juridical
classification” to define the crime of extra-judicial executions, within thirty
days after the agreement was signed;
c)
to initiate “the procedure to sign and promote the ratification of the
International Convention on the Non-applicability of Statutory Limitations to
War Crimes and Crimes against Humanity, [...] within 30 days from the date
the agreement is signed”;
d)
to publish the judgment of the Court in the official gazette Diario
Oficial El Peruano, and to disseminate its content through other media
“deemed appropriate for that purpose, within 30 days from the date the
agreement is signed”;
e)
to include in the Supreme Resolution, by means of which the
agreement is published, “a public expression of apology to the victims for the
grave damages caused” and ratification of willingness to not allow this type of
events to occur again; and
f)
to erect a memorial monument. The place will be agreed among the
parties in coordination with the Metropolitan Municipality of Lima, and the
“monument will be in place within 60 days of the signing of the agreement.”
*
*
*
45.
The Court confirms the agreement on these other forms of reparation agreed
among the parties as modes of compensation for the damages caused. Said
reparations are a positive contribution of Peru to fulfillment of the obligation to make
reparation, pursuant to article 63(1) of the Convention. Therefore, the State must
fulfill, in favor of the beneficiaries of the reparations, all the benefits which it
undertook to provide, within the terms set forth in the agreement.
VIII
HOMOLOGATION
AND
MONITORING OF COMPLIANCE
5
In operative paragraph two of the Ruling on Interpretation of the Judgment on the merits in the
Barrios Altos case the Court decided that, “given the nature of the violation resulting from amnesty laws
No. 26479 and No. 26492, the decision in the Judgment on the merits in the Barrios Altos case has
general effects.”