60
158. Payments aimed at reimbursing costs and expenses incurred in proceedings
at both levels, domestic and international, shall be made to Mrs. Victoria Margarita
Palomino-Buitrón (supra para. 152), who shall make the corresponding payments
pursuant to the agreements she may have reached with her representatives.
159. The amount awarded in the instant Judgment for costs, expenses and
compensation for damages shall not be affected, reduced or conditioned by tax
reasons, whether present or future. Therefore, beneficiaries shall receive the total
amount pursuant to the provisions set forth herein (supra para. 152).
160. Should the State fall into arrears with its payments, Peru banking default
interest rates shall be paid on the amount outstanding.
161. In accordance with its ongoing practice, and in furtherance of the fulfillment
of its duties under the American Convention, the Court shall retain the authority
emanating from its jurisdiction to monitor full compliance with the instant
Judgment. The instant case shall be closed once the State implements the full
provisions set forth in the instant Judgment. Within the term of one year as from
the date of service of the instant Judgment, Peru must submit to the Court a report
on the measures adopted in compliance herewith.
XIII
OPERATIVE PARAGRAPHS
162.
Therefore,
THE COURT,
DECIDES,
Unanimously,
1.
To admit the acknowledgment of international responsibility made by the
State of Peru under the terms of paragraphs 32, 35 to 38 and 42 of the instant
Judgment.
DECLARES,
Unanimously that:
2.
The State violated the rights enshrined in Articles 4 (Right to Life), 5(1), and
5(2) (Right to Humane Treatment), and 7(1), 7(2), 7(3), 7(4), 7(5) and 7(6) (Right
to Personal Liberty) of the American Convention on Human Rights, in connection
with Article 1(1) thereof (Obligation to Respect Rights), to the detriment of Mr.
Santiago Gómez-Palomino, as per the acknowledgment of international
responsibility made by the State and the terms of paragraphs 35 and 36 of the
instant Judgment.
3.
The State violated the rights enshrined in Articles 8.(1) (Right to a Fair Trial)
and 25 (Right to Judicial Protection) of the American Convention on Human Rights,
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