Order of the
Inter-American Court of Human Rights∗
of September 21, 2009
Case of Cantoral Huamaní and García Santa Cruz v. Peru
(Monitoring Compliance with Judgment)
HAVING SEEN:
1.
The Judgment on the preliminary objection, merits, reparations and costs
(hereinafter also referred to as “the Judgment”), rendered by the Inter-American
Court of Human Rights (hereinafter referred to as “the Inter-American Court” or “the
Court”) on July 10, 2007, whereby it decided that:
[…]
9.
The State must immediately investigate the facts which gave rise to the violations of the
instant case, and identify, prosecute and -should it be the case- punish the responsible parties, in
the terms of paragraphs 189 to 191 of the […] Judgment. The results of the proceedings shall be
released to the public so that the Peruvian society is acquainted with the legal Order of the facts
and the responsible parties in the instant case.
10.
The State must publish in the Official Gazette and in another newspaper of extensive
national circulation, within the term of six months from the notice of the […] Judgment and only
once, chapters VII to X of the […] Judgment, as well as the operative paragraphs thereof, without
including the corresponding footnotes.
11.
The State must, within the term of six months from the notice of the […] Judgment,
celebrate a public ceremony of acknowledgement of its international liability with regard to the
violations declared herein as compensation for the victims and for the satisfaction of their next of
kin, with the presence of the authorities which represent the State and the next of kin declared
victims in the […] Judgment; said ceremony must be released through the media, in the terms of
paragraph 193 of the […] Judgment.
12.
The State must grant a scholarship in a Peruvian public institution, in favor of Ulises
Cantoral-Huamaní, Pelagia Mélida Contreras-Montoya de Cantoral and the sons of Saúl CantoralHuamaní, covering all education expenses, from the moment the beneficiaries request so to the
State until the completion of advanced, training or update studies, either technical or of
university level, in the terms of paragraph 194 of the […] Judgment.
13.
The State must enable the continuance, for as long as necessary, of the psychological
treatment in the conditions in which it is being received by Vanessa and Brenda CantoralContreras, and to provide free and immediate psychological and medical treatment for as long as
it may be necessary to the other next of kin declared victims, in the terms of paragraphs 195 to
202 of the […] Judgment.
14.
The State must pay the amounts set forth in the […] Judgment by way of pecuniary and
non pecuniary damage and reimbursement of costs and expenses, within the term of one year
from the notice of the […] Judgment, to the persons mentioned in paragraphs 159 and 160 and in
∗
On January 22, 2007, Judge Diego García-Sayán declined the instant case in the terms of Article
19 of the Statute and 19 [present Article 20] of the Court’s Rules of Procedure.” The then President of the
Court, in consultation with the judges of the Court, decided to accept the above mentioned decline
pursuant to what has been pointed out in the above mentioned provisions and based on the analysis of
the grounds exposed by Judge García-Sayán. Therefore, said Judge did not participate neither in the
deliberation and signature of the Judgment nor in the present Order.