9
c)
investigate and punish those responsible for the events, pursuant to
operative paragraph seven of the Court’s August 16, 2000 Judgment
on the merits, and prosecute the investigation instituted through
Lima’s 41st Criminal Prosecutor’s Office into the murder of 30 persons,
among them Nolberto Durand Ugarte and Gabriel Pablo Ugarte Rivera;
and
d)
take concrete measures to locate and identify the mortal remains of
Nolberto Durand Ugarte and Gabriel Pablo Ugarte Rivera and deliver
them to their next of kin, pursuant to operative paragraph seven of
the Court’s August 16, 2000 judgment on the merits.
*
*
*
40.
The Court is endorsing those clauses of the agreement that concern these
other forms of reparation as a form of compensation for the damages caused. With
these reparations, the State is making a positive contribution toward fulfillment of
the obligation to make reparation for the damages caused, pursuant to Article 63(1)
of the American Convention. Consequently, the State will honor the services and
other benefits it pledged to provide to the beneficiaries of the reparations in the form
of non-pecuniary damages, and do so within and for the time periods stipulated in
the agreement.
VIII
HOMOLOGATION
AND MONITORING OF COMPLIANCE
41.
Based on the foregoing considerations, the Court is approving the “Agreement
for full reparations to the next of kin of the victims in the Durand and Ugarte case,”
concluded among the State, the victims’ next of kin and their representatives and
viewed favorably by the Inter-American Commission and inasmuch as it conforms to
the American Convention and serves to accomplish the object and purpose of the
case sub judice
42.
To comply with that agreement, the State is to take the aforesaid reparations
measures within the time periods and under the terms agreed upon, and in
accordance with the Court’s ruling in the present judgment.
43.
The Court reserves the authority to supervise for full compliance of the
present Judgment. The case will be closed once the State has fully complied with
the Judgement.
44.
Inasmuch as the Court has endorsed the agreement in this Judgment, it will
settle any problem as to its interpretation, or controversy or difference of opinion
that may arise.
IX
OPERATIVE PARAGRAPHS
45.
Now therefore,