36
2.
To endorse partially the agreement on the methods and time limits for
complying with the reparations signed on December 6, 2004, between the State and
the representatives of the victim and his next of kin, in the terms of paragraphs 40
to 58, 92, 95, 100, 111 to 116, 118 and 119 of this judgment.
DECLARES:
unanimously that:
1.
The dispute relating to the facts that gave rise to this case has ceased.
2.
According to the terms of the State’s acquiescence, the latter violated the
rights embodied in Articles 4(1) (Right to Life) and 16 (Freedom of Association) of
the American Convention on Human Rights, and failed to comply with the obligation
established in Article 1(1) (Obligation to Respect Rights) thereof, to the detriment of
Pedro Huilca Tecse, in the terms of paragraphs 64 to 79 of this judgment.
3.
According to the terms of the State’s acquiescence, the latter violated the
rights embodied in Articles 8 (Right to a Fair Trial) and 25 (Judicial Protection) of the
American Convention on Human Rights, and failed to comply with the obligation
established in Article 1(1) (Obligation to Respect Rights) thereof, to the detriment of
the following next of kin of Pedro Huilca Tecse: Martha Flores Gutiérrez, the victim’s
companion; his children, Pedro Humberto Huilca Gutiérrez, Flor de María Huilca
Gutiérrez, Katiuska Tatiana Huilca Gutiérrez, José Carlos Huilca Flores and Indira
Isabel Huilca Flores, and also of Julio César Escobar Flores, the victim’s stepson and
son of Martha Flores Gutiérrez, in the terms of paragraphs 80 to 83 of this judgment.
4.
This judgment constitutes per se a form of reparation, in the terms of
paragraph 97 of this judgment.
AND ORDERS:
unanimously, that:
1.
The State shall:
a)
Conduct an effective investigation into the facts of this case in order to
identify, prosecute and punish the masterminds and perpetrators of the
extrajudicial execution of Pedro Huilca Tecse. The result of this procedure
shall be published, in the terms of paragraphs 107 and 108 of this judgment;
b)
Organize a public act acknowledging its responsibility in relation to the
instant case and make a public apology to the victim’s next of kin, in the
terms of paragraph 111 of this judgment;
c)
Publish in the official gazette and in another national newspaper both
the section entitled “Proven Facts” and the operative paragraphs of this
judgment, in the terms of paragraph 112 of this judgment;
d)
Establish a course or subject on human rights and labor law, called the
“Cátedra Pedro Huilca,” in the terms of paragraph 113 of this judgment;
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