Chapter III - Annual Report 2004

...continuation (Chapter III)

Molina Theissen Case

393. On April 26 and 27, 2004, the Commission appeared before the Court at a public hearing that had been scheduled to address preliminary objections, the merits of the case, and reparations and costs. However, at the start of the public hearing, the State acknowledged its international responsibility for the human rights violations alleged in the case and withdrew all the preliminary objections it had previously lodged.

394. In consideration whereof, on April 26, 2004, the Court issued an Order taking all the preliminary objections filed by the State as having been withdrawn; accepting the State’s recognition of its international responsibility; and continuing with the public hearing that had been convened, but restricting its focus to the matter of reparations and costs. Consequently, the IACHR submitted its final oral arguments, together with the expert and testimonial evidence applicable to the case and, later, submitted its final written arguments in the case.

395. On May 4, 2004, the Court issued a Judgment on the merits of this case, in which it resolved to:

1. Reiterate its Order of April 26, 2004, in which it noted that all the preliminary objections filed by the State had been withdrawn and accepted the State’s recognition of its international responsibility.

2. Declare that the dispute regarding the incident that gave rise to the […] case has concluded.

3. Declare, in accordance with the terms of the recognition of international responsibility made by the State and the established facts, that the State did violate the rights enshrined in Articles 4.1 (right to life), 5.1 and 5.2 (right to humane treatment), 7 (right to personal liberty), 8 (right to a fair trial), 17 (rights of the family), 19 (rights of the child), and 25 (judicial protection) of the American Convention on Human Rights, and that it failed to abide by the obligations contained in Articles 1.1 (obligation to respect rights) and 2 (domestic legal effects) thereof, with respect to Marco Antonio Molina Theissen; in addition, that the State failed to observe the obligation contained in Articles I and II of the Inter-American Convention on Forced Disappearance of Persons with respect to Marco Antonio Molina Theissen, pursuant to paragraph 43 of the […] Judgment.

4. Declare, in accordance with the terms and facts established, that the State did violate the rights enshrined in Articles 5.1 and 5.2 (right to humane treatment), 8 (fair trial), 17 (rights of the family), and 25 (judicial protection) of the American Convention on Human Rights, and that it failed to abide by the obligations contained in Articles 1.1 (obligation to respect rights) and 2 (domestic legal effects) thereof, with respect to the relatives of Marco Antonio Molina Theissen: Emma Theissen Álvarez Vda. de Molina (mother), Carlos Augusto Molina Palma (father, deceased), Emma Guadalupe, Ana Lucrecia, and María Eugenia Molina Theissen (sisters), pursuant to paragraph 44 of the […] Judgment.

5. Continue hearing the […] case in the reparations and costs phase.

396. On July 3, 2004, the Court issued a reparations Judgment in this case, in which it ordered that:

1. The State shall locate and hand over the mortal remains of Marco Antonio Molina Theissen to his family, pursuant to paragraphs 85 and 98 of the […] Judgment;

2. The State shall conduct an effective investigation of the facts of the […] case, in order to identify, prosecute, and punish the physical perpetrators of and the masterminds behind the forced disappearance of Marco Antonio Molina Theissen, and the results of those proceedings shall be made public, pursuant to paragraphs 78 to 84 and 98 of the […] Judgment;

3. The State shall publish, within three months following notification of the […] Judgment, and on at least one occasion, in the Official Journal, and in another national daily newspaper, both the section titled Established Facts of Chapter V and operative paragraphs one through five of Judgment on the merits issued by the Court on May 4, 2004, and Chapter VI, Proven Facts, without the corresponding footnotes, and operative paragraphs one through eight of the […] Judgment, pursuant to paragraph 86 of the […] Judgment.

4. The State shall conduct, in the presence of its ranking authorities, a public ceremony recognizing its international responsibility in connection with the facts of this case as they affected Marco Antonio Molina Theissen and his family, pursuant to paragraphs 87 and 98 of the […] Judgment;

5. The State shall rename an existing educational facility, located in Guatemala City, with a name that evokes the children who disappeared during the internal armed conflict, and it shall place on the premises a plaque to the memory of Marco Antonio Molina Theissen, pursuant to paragraphs 88 and 98 of the […] Judgment;

6. The State shall create a streamlined procedure for securing statements of absence and assumed death through forced disappearance, pursuant to paragraphs 91.a and 98 of the […] Judgment;

7. The State shall adopt such legislative, administrative, and any other measures as may be necessary to create a genetic information system, pursuant to paragraphs 91.b and 98 of the […] Judgment;

8. The State shall pay the total amount of USD $275,400.00 (two hundred and seventy five thousand, four hundred U.S. dollars), or the equivalent thereof in Guatemalan currency, as compensation for material damages, pursuant to paragraphs 56 to 61 of the Judgment, to be distributed as follows:

(a) to Emma Theissen Álvarez Vda. de Molina, as the mother of Marco Antonio Molina Theissen and surviving spouse, and to Ana Lucrecia Molina Theissen, María Eugenia Molina Theissen, and Emma Guadalupe Molina Theissen, as the daughters of Carlos Augusto Molina Theissen, the sum of USD $100,000.00 (one hundred thousand U.S. dollars), or the equivalent thereof in Guatemalan currency, pursuant to paragraphs 56, 57, and 61 of the […] Judgment;

(b) to Emma Theissen Álvarez Vda. de Molina, the amount of USD $40,280.00 (forty thousand, two hundred and eighty U.S. dollars), or the equivalent thereof in Guatemalan currency, pursuant to paragraphs 58.1, 59, 60, and 61 of the […] Judgment;

(c) to Emma Theissen Álvarez Vda. de Molina, as the surviving spouse, and to Ana Lucrecia Molina Theissen, María Eugenia Molina Theissen, and Emma Guadalupe Molina Theissen, as the daughters of Carlos Augusto Molina Theissen, the sum of USD $40,280.00 (forty thousand, two hundred and eighty U.S. dollars), or the equivalent thereof in Guatemalan currency, pursuant to paragraphs 58.1, 59, 60, and 61 of the […] Judgment;

to Ana Lucrecia Molina Theissen, the amount of USD $26,280.00 (twenty-six thousand, two hundred and eighty U.S. dollars), or the equivalent thereof in Guatemalan currency, pursuant to paragraphs 58 to 61 of the […] Judgment;

to María Eugenia Molina Theissen, the amount of USD $28,280.00 (twenty-eight thousand, two hundred and eighty U.S. dollars), or the equivalent thereof in Guatemalan currency, pursuant to paragraphs 58 to 61 of the […] Judgment; and

to Emma Guadalupe Molina Theissen, the amount of USD $40,280.00 (forty thousand, two hundred and eighty U.S. dollars), or the equivalent thereof in Guatemalan currency, pursuant to paragraphs 58 to 61 of the […] Judgment;

10. The State shall pay the total amount of USD $415,000.00 (four hundred and fifteen thousand U.S. dollars), or the equivalent thereof in Guatemalan currency, as compensation for nonmaterial damages, pursuant to paragraphs 67 to 73 of the […] Judgment, to be distributed as follows:

(b) to Emma Theissen Álvarez Vda. de Molina the amount of USD $65,000.00 (sixty-five thousand U.S. dollars), or the equivalent thereof in Guatemalan currency, pursuant to paragraphs 68 to 73 of the […] Judgment;

(c) to Emma Theissen Álvarez Vda. de Molina, as the surviving spouse, and to Ana Lucrecia Molina Theissen, María Eugenia Molina Theissen, and Emma Guadalupe Molina Theissen, as the daughters of Carlos Augusto Molina Theissen, the sum of USD $55,000.00 (fifty-five thousand U.S. dollars), or the equivalent thereof in Guatemalan currency, pursuant to paragraphs 68, 69, 70, and 73 of the […] Judgment;

to Ana Lucrecia Molina Theissen, the amount of USD $65,000.00 (sixty-five thousand U.S. dollars), or the equivalent thereof in Guatemalan currency, pursuant to paragraphs 68 to 73 of the […] Judgment;

to María Eugenia Molina Theissen, the amount of USD $65,000.00 (sixty-five thousand U.S. dollars), or the equivalent thereof in Guatemalan currency, pursuant to paragraphs 68 to 73 of the […] Judgment; and

to Emma Guadalupe Molina Theissen, the amount of USD $65,000.00 (sixty-five thousand U.S. dollars), or the equivalent thereof in Guatemalan currency, pursuant to paragraphs 68 to 73 of the […] Judgment;

11. The State shall pay the total amount of USD $7,600.00 (seven thousand, six hundred U.S. dollars), or the equivalent thereof in Guatemalan currency, which shall be handed over to Emma Theissen Álvarez Vda. de Molina, the victim’s mother, to cover her costs and expenses in the domestic proceedings and in the international proceedings before the inter-American system for the protection of human rights, pursuant to paragraph 97 of the […] Judgment;

12. The State shall pay the total amount of the compensation ordered for material damages, nonmaterial damages, and costs and expenses set out in the […] Judgment, and none of those amounts may be subject to any taxes, liens, or duties currently extant or created in the future.

13. The State shall comply with the compensation and cost reimbursement measures set out in operative paragraphs 5, 6, 9, 10, and 11 of the […] Judgment, within a period of one year following the notification hereof;

14. Should the State fail to make payment on time, it shall pay interest on the amount owed equal to the rate of past-due bank interest in Guatemala, pursuant to paragraph 104 of the […] Judgment.

15. The Court shall monitor compliance with [the] Judgment, and it shall consider the […] case closed once the State has fully implemented the measures set forth therein. Within a period of one year following notification of [the] Judgment, the State shall submit to the Court a report on the steps taken in compliance with its terms, pursuant to paragraph 105 of the […] Judgment.

Myrna Mack Case

397. During 2004, the State submitted several partial reports on its compliance with the obligations set out by the Court in its Judgment. The Inter-American Commission’s comments will be presented in January 2005.

Paniagua Morales et al. Case

398. During 2004, the Commission regularly presented information and comments on the compliance reports filed by the State.

Case of Villagrán Morales et al. (the Street Children Case)

399. During 2004, the Commission regularly presented information and comments on the compliance reports filed by the State.

Ronald Raxcacó Reyes Case

400. On September 18, 2004, the Commission lodged with the Court its application in case No. 12.402, Ronald Ernesto Raxcacó Reyes v. the Republic of Guatemala. The Inter-American Commission asked the Court to rule on the international responsibility of the State, which had failed to abide by its international obligations by violating Articles 4 (right to life), 5 (right to humane treatment), 8 (right to a fair trial) and 25 (right to judicial protection) of the American Convention, in conjunction with the general obligation of respecting and ensuring those rights and enforcing their domestic legal effects set forth in Articles 1(1) and 2 thereof, by sentencing Mr. Ronald Ernesto Raxcacó Reyes to the death penalty for committing a crime to which that punishment did not by law apply at the time that Guatemala ratified the American Convention.

j. Honduras

Alfredo López Álvarez Case

401. On July 7, 2003, the IACHR lodged its application in the case of Alfredo López Álvarez v. Honduras (Case 12.387). The application addresses the violation, by the State of Honduras, of Articles 5, 7, 8, 25, and 24 of the American Convention, in connection with the obligations contained in Articles 2 and 1(1) thereof, with respect to Mr. Alfredo López Álvarez, a Honduran citizen of Garifuno heritage, through the arbitrary denial of his personal liberty as of April 27, 1997, as a result of a set-up carried out because of his work as a social leader and intended to prevent him from serving as a leader of the Garifuno community. The case is in the intermediary phase, and the Commission undertook no activities in connection with it during 2004.

Juan Humberto Sánchez Case

402. During 2004, the Commission presented information and comments on the compliance with the Judgment handed down in this case.

403. On November 17, 2004, the Court issued an Order on compliance with the Judgment and resolved to ask the State to report, by no later than January 31, 2005, on its compliance with the Judgment on preliminary objections, merits, and reparations it issued on June 7, 2003.

k. Mexico

Alfonso Martín del Campo Dodd Case

404. At a public hearing held on April 27, 2004, the Commission presented the Court with its final oral arguments regarding the preliminary objections lodged by the Mexican State. Subsequently, the IACHR submitted its written final arguments applicable to the case.

405. On September 3, 2004, the Court issued a Judgment on the preliminary objections in the case, in which it resolved:

Unanimously,

1. To admit the first ratione temporis preliminary objection lodged by the State, pursuant to paragraphs 78 to 85 of the […] Judgment.

2. To file the case dossier.

3. To notify the […] Judgment to the State, to the Inter-American Commission on Human Rights, and to the representatives of the alleged victim and his family.

l. Nicaragua

Mayagna (Sumo) Awas Tingni Community Case

406. During 2004, the Commission presented information and comments on the compliance with the Judgment handed down in this case.

Yatama Case

407. The application in the case of Yatama v. Nicaragua (Case 12.388) was submitted to the Court on June 16, 2003. The application addresses the State of Nicaragua’s violation of Articles 23, 8, 25, 2, and 1(1) of the American Convention with respect to candidates for mayoralties, vice-mayoralties, and municipal councilors put forward by Yapti Tasba Masraka Nanih Asla Takanka (YATAMA), an indigenous regional political party, for the municipal elections of November 5, 2000, in the North Atlantic Autonomous Region and the South Atlantic Autonomous Region. It claims that the State failed to provide a remedy whereby they could have protected their right to participate and be elected in the municipal elections of November 5, 2000, and failed to adopt the legislative or other measures necessary to uphold the rights enshrined in the American Convention – in particular, failing to set provisions in the electoral law to facilitate political participation by indigenous organizations in elections on Nicaragua’s Atlantic coast autonomous regions, in accordance with the customary law, values, uses, and customs of the indigenous peoples who inhabit those areas. The case is in the intermediary phase, and the Commission undertook no activities in connection with it during 2004.

m. Panama

Case of Baena Ricardo et al.

408. During 2004, the Commission presented information and comments on the compliance with the Judgment handed down in this case.

n. Paraguay

Ricardo Canese Case

409. At a public hearing before the Inter-American Court on April 28 and 29, 2004, the Commission presented its final oral arguments regarding the merits of this case, the reparations and costs, and the witness statements and findings of the proposed expert witnesses. The IACHR subsequently also submitted its written final arguments applicable to this case.

410. On August 31, 2004, the Court issued Judgment on the merits of the case and on the applicable reparations and costs, finding:

Unanimously, that:

1. The State did violate the right to freedom of thought and expression enshrined in Article 13 of the American Convention on Human Rights, in conjunction with Article 1.1 thereof, with respect to Mr. Ricardo Nicolás Canese Krivoshein, pursuant to paragraphs 96 to 108 of the […] Judgment.

2. The State did violate the right to freedom of movement enshrined in Article 22 of the American Convention on Human Rights, in conjunction with Article 1.1 thereof, with respect to Mr. Ricardo Nicolás Canese Krivoshein, pursuant to paragraphs 119 to 135 of the […] Judgment.

3. The State did violate the principle of reasonable time, the right to presumption of innocence, and the right of defense set forth, respectively, in Articles 8.1, 8.2, and 8.2.f of the American Convention on Human Rights, in conjunction with Article 1.1 thereof, with respect to Mr. Ricardo Nicolás Canese Krivoshein, pursuant to paragraphs 139 to 167 of the […] Judgment.

4. The State violated the principle of the retroactive application of the most favorable criminal provision set forth in Article 9 of the American Convention on Human Rights, in conjunction with Article 1.1 thereof, with respect to Mr. Ricardo Nicolás Canese Krivoshein, pursuant to paragraphs 182 to 187 of the […] Judgment.

AND ORDER[ED]:

Unanimously, that:

5. [The] Judgment represents, in and of itself, a form of reparations, pursuant to paragraphs 205 and 211 thereof.

6. The State shall pay the amount of USD $35,000.00 (thirty-five thousand U.S. dollars), or the equivalent thereof in Paraguayan currency, as compensation for the nonmaterial damages suffered by Mr. Ricardo Nicolás Canese Krivoshein, pursuant to paragraphs 206 and 207 of the […] Judgment.

7. The State shall pay Mr. Ricardo Nicolás Canese Krivoshein the total amount of USD $5,500.00 (five thousand five hundred U.S. dollars), to cover costs and expenses. Of this total amount, the sum of USD $1,500.00 (one thousand five hundred U.S. dollars) shall cover the costs incurred by Mr. Canese Krivoshein before the Inter-American Commission and the amount of USD $4,000.00 (four thousand U.S. dollars) shall cover the costs and expenses that Mr. Canese Krivoshein shall reimburse to his representatives for the expenses incurred during the international proceedings before the inter-American system for the protection of human rights, pursuant to paragraphs 214, 215, and 217 of the […] Judgment.

8. The State shall publish, in the Official Journal and in another national daily newspaper, on one single occasion, the chapter of [the] Judgment dealing with the proven facts, without the corresponding footnotes, and the operative paragraphs thereof, pursuant to paragraph 209 of the […] Judgment.

9. The State shall comply with the compensation measures and the reimbursement of costs and expenses ordered in operative paragraphs 6, 7, and 8 of the […] Judgment, within a period of six months following notification thereof, pursuant to paragraph 216 of the […] Judgment.

10. The State shall meet its monetary obligations by payments in U.S. dollars or in the equivalent amount of Paraguayan domestic currency, using for the calculation thereof the exchange rate between the two currencies in force in New York City, United States of America, the day prior to the payment, pursuant to paragraph 218 of the […] Judgment.

11. The payments for nonmaterial damages and for costs and expenses set out in the […] Judgment may not be adjusted, reduced, or subjected to any conditions by reason of current or future fiscal policy, pursuant to paragraph 220 of the […] Judgment.

12. Should the State’s payments fall past due, it shall pay interest on the amount owed in accordance with past-due bank interest rates in Paraguay.

13. If, for reasons attributable to the beneficiary of the compensation payments, said payments could not be given to him within the period of six months as stipulated, the State shall deposit the amount, on behalf of the beneficiary, in an account or certificate of deposit at a solvent Paraguayan banking institution, in U.S. dollars or the equivalent thereof in Paraguayan currency, under the most favorable financial conditions permitted by Paraguay’s laws and banking practices. If, after ten years, the compensation has not been claimed, the amount shall be returned to the State, with the interest accrued.

14. It shall supervise complete compliance with the […] Judgment. The case shall be considered closed once the State has fully implemented the measures in the […] ruling. Within a period of six months following notification of [the] Judgment, Paraguay shall submit to the Court its first report on the steps taken to comply with [the] Judgment.

Panchito López Juvenile Detention Center Case

411. At a public hearing before the Inter-American Court on May 3, 4, and 5, 2004, the Commission presented its final oral arguments regarding the preliminary objections, merits of this case, reparations and costs, and the witness statements and findings of the proposed expert witnesses. The IACHR subsequently submitted its written final arguments applicable to this case.

412. On September 2, 2004, the Court issued Judgment on the preliminary objections, the merits of the case, and the applicable reparations and costs, resolving:

Unanimously,

1. To dismiss the preliminary objections regarding the legal defect in the presentation of the application and the failure to previously invoke Article 26 of the American Convention, which were lodged by the State.

2. To rule withdrawn, through the State’s desistance, the preliminary objection regarding pending litigation, which was lodged by the State.

3. To continue to hear the […] case.

F[OUND],

Unanimously, that:

4. The State did violate the rights to life and to humane treatment enshrined in Articles 4.1, 5.1, 5.2, and 5.6 of the American Convention on Human Rights, in conjunction with Article 1.1 thereof, and also in conjunction with Article 19, as regards those victims who were minors, with respect to all the inmates of the facility between August 14, 1996, and July 25, 2001, pursuant to paragraphs 176 and 190 of the […] Judgment.

5. The State did violate the right to life enshrined in Article 4.1 of the American Convention, in conjunction with Article 1.1 thereof, and also in conjunction with Article 19, as regards those victims who were minors, with respect to the 12 inmates who died, pursuant to paragraphs 179, 184, 186, and 190 of the […] Judgment.

6. The State did violate the right to humane treatment enshrined in Articles 5.1 and 5.2 of the American Convention, in conjunction with Articles 1.1 and 19 thereof, with respect to the minors who were injured by the fires; and the right to humane treatment enshrined in Article 5.1 of the American Convention, in conjunction with Article 1.1 thereof, with respect to the identified next-of-kin of the dead and injured inmates, all pursuant to paragraphs 188, 190, and 193 of the […] Judgment.

7. The State did fail to meet the obligation of enforcing domestic legal effects and did violate the right to a fair trial enshrined, respectively, in Articles 2 and 8.1 of the American Convention, in conjunction with Articles 1.1 and 19 thereof, with respect to all the minor inmates of the facility, between August 14, 1996, and July 25, 2001, pursuant to paragraph 213 of the […] Judgment.

8. The State did violate the right to judicial protection enshrined in Article 25 of the American Convention, in conjunction with Article 1.1 thereof, with respect to the 239 inmates named in the generic habeas corpus resolution, pursuant to paragraph 251 of the […] Judgment.

AND ORDER[ED]:

Unanimously, that:

9. [The] Judgment represents, in and of itself, a form of reparations, pursuant to paragraphs 299 and 323 of the […] Judgment.

10. The State shall publish, within a period of six months, in the Official Journal and in another national daily newspaper, on at least one occasion, the chapter dealing with proven facts of [the] Judgment, without the corresponding footnotes, and the operative paragraphs thereof, pursuant to paragraph 315 of the […] Judgment.

11. The State shall organize, in consultation with civil society, within a period of six months, a public ceremony recognizing its international responsibility and a declaration containing the drafting of state policies for the short, medium, and long terms to apply to children who are in trouble with the law and to be fully consistent with Paraguay’s international commitments. This state policy shall:

(a) be presented by ranking authorities of the State at a public ceremony that also recognizes Paraguay’s international responsibility for the shortcomings in the detention conditions that prevailed at the facility between August 14, 1996, and July 25, 2001; and

(b) cover, inter alia, strategies, appropriate actions, and the allocation of resources necessary so that detained children are held separately from adults; so that children awaiting trial are held separate from convicts; and the creation of comprehensive education, medical, and psychological programs for all detained children.

12. The State shall provide psychological treatment for all former inmates of the facility held there between August 14, 1996, and July 25, 2001; medical and/or psychological treatment for the former inmates injured in the fires; and psychological treatment for the families of the dead and injured inmates, pursuant to paragraphs 318 to 320 of the […] Judgment.

13. The State shall provide vocational assistance, and a special education program, for former inmates of the facility held there between August 14, 1996, and July 25, 2001, pursuant to paragraph 321 of the […] Judgment.

14. The State shall, within a period of 15 days following notification of this Judgment, provide Mrs. María Teresa de Jesús Pérez with a place to lay the body of her son, Mario del Pilar Álvarez Pérez, in a cemetery close to her home, pursuant to paragraph 322 of the […] Judgment.

15. The State shall take particular care to ensure the life, person, and safety of the individuals who gave statements, and of their families, and shall provide them with the protection they require against any persons, in consideration of the facts of this case, pursuant to paragraph 324 of the […] Judgment.

16. The State shall pay the total amount of USD $953,000.00 (nine hundred and fifty-three thousand U.S. dollars), or the equivalent thereof in domestic currency, as compensation for material damages, pursuant to paragraphs 288 to 294 of the […] Judgment, to be distributed as follows:

(a) to the dead inmates Elvio Epifanio Acosta Ocampos, Marco Antonio Jiménez, Diego Walter Valdez, Sergio Daniel Vega Figueredo, Sergio David Poletti Domínguez, Mario del Pilar Álvarez Pérez, Juan Alcides Román Barrios, Antonio Damián Escobar Morinigo, Carlos Raúl de la Cruz, Benito Augusto Adorno, Richard Daniel Martínez, and Héctor Ramón Vázquez, the amount of USD $40,000.00 (forty thousand U.S. dollars), or the equivalent thereof in domestic currency, pursuant to paragraphs 288, 289, and 294 of the […] Judgment;

(b) to Juan Carlos Zarza Viveros, Miguel Ángel Coronel Ramírez, Sergio Vincent Navarro Moraez, Alberto David Martínez, Miguel Ángel Martínez, Raúl Esteban Portillo, César Fidelino Ojeda Acevedo, Pedro Iván Peña, Ever Ramón Molinas Zárate, Arsenio Joel Barrios Báez, and Francisco Ramón Adorno, the amount of USD $15,000.00 (fifteen thousand U.S. dollars), or the equivalent thereof in domestic currency, pursuant to paragraphs 290, 291, and 294 of the […] Judgment;

(c) to Alfredo Duarte Ramos, Abel Achar Acuña, Osvaldo Mora Espinola, Ismael Méndez Aranda, and Hugo Antonio Vera Quintana, the amount of USD $13,000.00 (thirteen thousand U.S. dollars), or the equivalent thereof in domestic currency, pursuant to paragraphs 290, 291, and 294 of the […] Judgment;

(d) to Clemente Luis Escobar González, Juan Ramón Lugo, and Carlos Román Feris Almirón, the amount of USD $11,000.00 (eleven thousand U.S. dollars), or the equivalent thereof in domestic currency, pursuant to paragraphs 290, 291, and 294 of the […] Judgment;

(e) to Pablo Ayala Azola, Julio César García, José Amado Jara Fernández, Rolando Benítez, Antonio Delgado, Aristides Ramón Ortiz Bernal, Carlos Raúl Romero Giacomo, Claudio Coronel Quiroga, Demetrio Silguero, Eduardo Vera, Francisco Noé Andrada, Heriberto Zarate, Hugo Olmedo, Jorge Daniel Toledo, José Milciades Cañete Chamorro, Nelson Rodríguez, Osmar López Verón, Osvaldo Daniel Sosa, Pablo Emmanuel Rojas, Oscar Rafael Aquino Acuña, Sixto Gonzáles Franco, Cándido Ulises Zelaya Flores, and Walter Javier Riveros Rojas, the amount of USD $9,000.00 (nine thousand U.S. dollars), or the equivalent thereof in domestic currency, pursuant to paragraphs 290, 291, 292, and 294 of the […] Judgment; and

(f) to the families of former inmates Francisco Ramón Adorno, Sergio David Poletti Domínguez, and Mario del Pilar Álvarez Pérez, USD $1,000.00 (one thousand U.S. dollars), or the equivalent thereof in domestic currency, pursuant to paragraphs 293 and 294 of the […] Judgment.

17. The State shall pay the amount of USD $2,706,000.00 (two million, seven hundred and six thousand U.S. dollars), or the equivalent thereof in domestic currency, as compensation for nonmaterial damages, pursuant to paragraphs 304 to 309 of the […] Judgment, to be distributed as follows:

(a) to the dead inmates Elvio Epifanio Acosta Ocampos, Marco Antonio Jiménez, Diego Walter Valdez, Sergio Daniel Vega Figueredo, Sergio David Poletti Domínguez, Mario del Pilar Álvarez Pérez, Juan Alcides Román Barrios, Antonio Damián Escobar Morinigo, and Carlos Raúl de la Cruz, the amount of USD $65,000.00 (sixty-five thousand U.S. dollars), or the equivalent thereof in domestic currency, pursuant to paragraphs 304 and 309 of the […] Judgment;

(b) to the dead inmates Benito Augusto Adorno, Richard Daniel Martínez, and Héctor Ramón Vázquez, the amount of USD $50,000.00 (fifty thousand U.S. dollars), or the equivalent thereof in domestic currency, pursuant to paragraphs 304 and 309 of the […] Judgment;

(c) to Juan Carlos Zarza Viveros, Miguel Ángel Coronel Ramírez, Sergio Vincent Navarro Moraez, Alberto David Martínez, Miguel Ángel Martínez, Raúl Esteban Portillo, and César Fidelino Ojeda Acevedo, the amount of USD $50,000.00 (fifty thousand U.S. dollars), or the equivalent thereof in domestic currency, pursuant to paragraphs 305 and 309 of the […] Judgment;

(d) to Pedro Iván Peña, Ever Ramón Molinas Zárate, Arsenio Joel Barrios Báez, and Francisco Ramón Adorno, the amount of USD $45,000.00 (forty-five thousand U.S. dollars), or the equivalent thereof in domestic currency, pursuant to paragraphs 305 and 309 of the […] Judgment;

(e) to Alfredo Duarte Ramos, Abel Achar Acuña, Osvaldo Mora Espinola, Ismael Méndez Aranda, and Hugo Antonio Vera Quintana, the amount of USD $40,000.00 (forty thousand U.S. dollars), or the equivalent thereof in domestic currency, pursuant to paragraphs 305 and 309 of the […] Judgment;

(f) to Clemente Luis Escobar González, Juan Ramón Lugo, and Carlos Román Feris Almirón, the amount of USD $30,000.00 (thirty thousand U.S. dollars), or the equivalent thereof in domestic currency, pursuant to paragraphs 305 and 309 of the […] Judgment;

(g) to Pablo Ayala Azola, Julio César García, José Amado Jara Fernández, Rolando Benítez, Antonio Delgado, Aristides Ramón Ortiz Bernal, Carlos Raúl Romero Giacomo, Claudio Coronel Quiroga, Demetrio Silguero, Eduardo Vera, Francisco Noé Andrada, Heriberto Zarate, Hugo Olmedo, Jorge Daniel Toledo, José Milciades Cañete Chamorro, Nelson Rodríguez, Osmar López Verón, Osvaldo Daniel Sosa, Pablo Emmanuel Rojas, Oscar Rafael Aquino Acuña, Sixto Gonzáles Franco, Cándido Ulises Zelaya Flores, and Walter Javier Riveros Rojas, the amount of USD $22,000.00 (twenty-two thousand U.S. dollars), or the equivalent thereof in domestic currency, pursuant to paragraphs 305, 306, and 309 of the […] Judgment;

(h) to the identified next-of-kin of the dead inmates, the amount of USD $ 25,000.00 (twenty-five thousand U.S. dollars), or the equivalent thereof in domestic currency, for each of their parents, pursuant to paragraphs 307 and 309; and

(i) to the identified next-of-kin of the former inmates injured in the fires, the amount of USD $15,000.00 (fifteen thousand U.S. dollars), or the equivalent thereof in domestic currency, for each one of them, pursuant to paragraphs 307 and 309 of the […] Judgment.

18. The State shall pay, to cover costs and expenses, the Tekojojá Foundation the amount of USD $5,000.00 (five thousand U.S. dollars), or the equivalent thereof in domestic currency, and the Center for Justice and International Law (CEJIL) the amount of USD $12,500.00 (twelve thousand five hundred U.S. dollars), or the equivalent thereof in domestic currency, pursuant to paragraph 330 of the […] Judgment.

19. The State shall pay the compensation amounts and reimburse the costs and expenses within a period of one year following notification of this Judgment, pursuant to paragraph 331 thereof. This shall not apply when alternative deadlines are agreed upon, pursuant to paragraphs 315 to 322 and 331 of [the] Judgment.

20. The State shall deposit the compensation ordered payable to the minor-aged victims in a bank investment account in their name in a solvent Paraguayan institution, in U.S. dollars, within a period of one year, and under the most favorable financial conditions allowed by law and banking practices for as long as they remain minors, pursuant to paragraph 336 of [the] Judgment.

21. The State may meet its monetary obligations by payments in U.S. dollars or in the equivalent amount of the State’s domestic currency, using for the calculation thereof the exchange rate between the two currencies in force in New York City, United States of America, the day prior to the payment. The bank investments shall be established in U.S. dollars, pursuant to paragraphs 335 and 336 of [the] Judgment.

22. The payments for material and nonmaterial damages and for costs and expenses set out in the […] Judgment may not be adjusted, reduced, or subjected to any conditions by reason of current or future fiscal policy, pursuant to paragraph 337 of the […] Judgment

23. Should the State’s payments fall past due, it shall pay interest on the amount owed in accordance with past-due bank interest rates in Paraguay.

24. If, for reasons attributable to the beneficiaries of the compensation payments, said payments could not be given to them within the period of year as stipulated, following notification of this Judgment, the State shall deposit those amounts, on behalf of the beneficiaries, in an account or certificate of deposit at a solvent Paraguayan banking institution, pursuant to paragraph 335 of the […] Judgment.

25. It shall monitor complete compliance with [the] Judgment, and it shall consider the […] case closed once the State has fully complied with the measures set forth therein. Within a period of one year following notification of [the] Judgment, the State shall submit to the Court a report on the steps taken in compliance with its terms, pursuant to paragraph 339 thereof.

Yakye Axa Case

413. The case of the Yakye Axa v. Paraguay (Case 12.313) was referred to the Inter-American Court on March 17, 2003. The facts in the application deal with the ancestral property rights of the Yakye Axa Indigenous Community of the Enxet-Lengua people and its members, as a result of which they have remained in a state of vulnerability vis-à-vis their food supply, medical needs, and sanitation, constantly threatening the survival of the community’s members and the integrity of the community itself. The IACHR referred the case to the Court so it could rule on the violations of Articles 21, 4, 8, and 25 of the American Convention, in conjunction with Articles 1(1) and 2 thereof, committed by the State with respect to the indigenous community and its members. The case is in the intermediary phase, and the Commission undertook no activities in connection with it during 2004.

o. Peru

Five Pensioners

414. During 2004, the Commission presented information and comments on the compliance with the Judgment handed down in this case.

415. On November 17, 2004, the Court issued an Order on compliance with the Judgment and asked the State to report, by no later than January 31, 2005, on its compliance with the Judgment on the merits, reparations, and costs issued on February 28, 2003.

Case of Acevedo Jaramillo et al. (SITRAMUN)

416. On June 25, 2003, the Commission submitted to the Inter-American Court its application in the case of Acevedo Jaramillo Julio et al., members of the Lima Municipal Workers’ Trade Union (SITRAMUN), v. the Republic of Peru (Case 12.084), for its failure to abide by the judicial rulings issued by the domestic courts on behalf of the workers belonging to SITRAMUN. In this filing the IACHR asked the Court to rule on the international responsibility of the Peruvian State, which has failed to abide by its international obligations set forth in Article 25 of the American Convention, in conjunction with Article 1(1) thereof, through its noncompliance since 1997 with the judicial resolutions handed down by the judges of the city of Lima, the Superior Court of Justice of Lima on appeal, and the Constitutional Court of Peru in an amparo filing, in proceedings recognizing the rights of the Lima Municipality workers belonging to SITRAMUN. The case is in the initial phase before the Court.

Barrios Altos Case

417. During 2004, the Commission presented information and comments on the compliance with the Judgment handed down in this case.

418. On November 17, 2004, the Court issued an Order asking the State to adopt all measures necessary to promptly enforce and implement the items pending compliance identified by the Court in the Judgment on the merits of March 14, 2001, and in the reparations Judgment of November 30, 2001, together with the provisions of the Order of November 28, 2003, and in the Order, in accordance with the terms of Article 68(1) of the American Convention.

Cantoral Benavides Case

419. During 2004, the Commission presented information and comments on the compliance with the Judgment handed down in this case.

420. On November 17, 2004, the Court issued an Order in which it decided to ask the State to adopt all measures necessary to promptly enforce and implement the items pending compliance in the Judgment on the merits of August 18, 2000, and in the reparations Judgment of December 3, 2001, handed down by the Inter-American Court of Human Rights in the Cantoral Benavides Case, in accordance with the terms of Article 68.1 of the American Convention, and to ask it to submit, by no later than January 31, 2005, a detailed report on the steps taken in pursuit of complying with the pending obligations established by the merits and reparations Judgments.

Castillo Páez Case

421. During 2004, the Commission presented information and comments on the compliance with the Judgment handed down in this case.

422. On November 17, 2004, the Court issued an Order in which it decided to ask the State to report, by no later than January 31, 2005, on its compliance with the Judgment on the merits of November 3, 1997, and the reparations Judgment of November 27, 1998.

Castillo Petruzzi Case

423. During 2004, the Commission presented information and comments on the compliance with the Judgment handed down in this case.

Cesti Hurtado Case

424. During 2004, the Commission regularly presented information and comments on the compliance reports filed by the State.

425. On November 17, 2004, the Court issued an Order in which it resolved to keep open the procedure for supervising compliance with the pending items.

De la Cruz Flores Case

426. On July 2, 2004, at a public hearing before the Court, the Commission presented its final oral arguments on the merits, reparations, and costs, together with the statements of the proposed witness and the rulings of the expert witnesses. The IACHR subsequently submitted its written final arguments to the Court.

427. On November 18, 2004, the Court issued a Judgment in which it found:

Unanimously, that:

1. The State did violate the principle of legality and freedom from ex post facto laws enshrined in Article 9 of the American Convention on Human Rights, in conjunction with Article 1.1 thereof, with respect to Mrs. María Teresa De La Cruz Flores, pursuant to paragraphs 78, 83, 87 to 93, 102, 103, and 106 to 109 of the […] Judgment.

2. The State did violate the right to personal liberty and the right to a fair trial enshrined in Articles 7 and 8, respectively, of the American Convention on Human Rights, in conjunction with Articles 9 and 1.1 thereof, with respect to Mrs. María Teresa De La Cruz Flores, pursuant to paragraphs 112 to 114 of the […] Judgment.

3. The State did violate the right to humane treatment enshrined in Article 5 of the American Convention on Human Rights, in conjunction with Article 1.1 thereof, with respect to Messrs. María Teresa De La Cruz Flores, Alcira Domitila Flores Rosas de De La Cruz, Alcira Isabel De La Cruz Flores, Celso Fernando De La Cruz Flores, Jorge Alfonso De La Cruz Flores, Ana Teresa Blanco De La Cruz, and Danilo Alfredo Blanco De La Cruz, pursuant to paragraphs 126, 130, 131, 135, and 136 of the […] Judgment.

AND ORDER[ED]:

Unanimously, that:

1. The State shall observe the principle of legality and freedom from ex post facto laws enshrined in Article 9 of the American Convention and the demands of due legal process in the fresh prosecution of Mrs. María Teresa De La Cruz Flores, pursuant to paragraph 118 of the […] Judgment.

2. This Judgment represents, in and of itself, a form of reparations, pursuant to paragraph 159 of the […] Judgment.

3. The State shall pay the amounts set forth in paragraphs 152 to 154 of the […] Judgment to María Teresa De La Cruz Flores, Alcira Domitila Flores Rosas Vda. de De La Cruz, and Alcira Isabel De La Cruz Flores, as compensation for material damages pursuant to those paragraphs.

4. The State shall pay the amounts set out in paragraphs 161 and 163 of the […] Judgment to Messrs. María Teresa De La Cruz Flores, Alcira Domitila Flores Rosas Vda. de De La Cruz, Alcira Isabel De La Cruz Flores, Celso Fernando De La Cruz Flores, Jorge Alfonso De La Cruz Flores, Ana Teresa Blanco De La Cruz, and Danilo Alfredo Blanco De La Cruz as compensation for nonmaterial damages, pursuant to those paragraphs.

5. The State shall provide the victim with medical and psychological attention through the state health services, including the provision of medication free-of-charge, pursuant to paragraph 168 of the […] Judgment.

6. The State shall reinstate Mrs. María Teresa De La Cruz Flores in the activities that, as a medical practitioner, she was performing at public institutions at the time of her arrest, pursuant to paragraph 169 of the […] Judgment.

7. The State shall provide Mrs. María Teresa De La Cruz Flores with a scholarship to enable her to pursue training and professional refresher courses, pursuant to paragraph 170 of the […] Judgment.

8. The State shall reinstate Mrs. María Teresa De La Cruz Flores in the corresponding pension records, pursuant to paragraph 171 of the […] Judgment.

9. The State shall publish in the Official Journal and in another national daily newspaper both the section titled Proven Facts and operative paragraphs one to three of the […] Judgment, pursuant to paragraph 173 […] thereof.

10. The State shall pay the amount set out in paragraph 178 of the […] Judgment to Mrs. María Teresa De La Cruz Flores, to cover costs and expenses, pursuant to that paragraph.

11. The State shall pay the compensation amounts, reimburse the costs and expenses, and adopt the measures ordered by paragraphs 168 to 171 and 173 of the […] Judgment, within a period of one year following notification thereof, pursuant to the terms of paragraph 179.

12. The State shall deposit the compensation ordered for the minor child Danilo Alfredo Blanco De La Cruz in a bank investment in his name with a solvent Peruvian institution, in U.S. dollars or in domestic currency, as chosen by his legal representative, within a period of one year, and under the most favorable financial conditions allowed by law and banking practices, for as long as he remains a minor, pursuant to paragraph 183 of the […] Judgment.

13. The State may meet its monetary obligations by payments in U.S. dollars or in the equivalent amount of the State’s domestic currency, using for the calculation thereof the exchange rate between the two currencies in force in New York City, United States of America, the day prior to the payment, pursuant to paragraph 184 of the […] Judgment.

14. The payments for material and nonmaterial damages and for costs and expenses set out in the […] Judgment may not be adjusted, reduced, or subjected to any conditions by reason of current or future fiscal policy, pursuant to paragraph 185 of the […] Judgment

15. Should the State’s payments fall past due, it shall pay interest on the amount owed in accordance with past-due bank interest rates in Peru, pursuant to paragraph 186 of the […] Judgment.

16. If, for reasons attributable to the beneficiaries of the compensation payments, said payments could not be given to them within the stipulated period of one year, the State shall deposit those amounts, on behalf of the beneficiaries, in an account or certificate of deposit at a solvent Peruvian banking institution, pursuant to paragraph 182 of the […] Judgment.

17. It shall monitor complete compliance with [the] Judgment, and it shall consider the […] case closed once the State has fully complied with the measures set forth therein. Within a period of one year following notification of [the] Judgment, the State shall submit to the Court its first report on the steps taken in compliance with its terms, pursuant to paragraph 187 of the […] Judgment.

Durand and Ugarte Case

428. During 2004, the Commission presented information and comments on the compliance with the Judgment handed down in this case.

García Asto and Ramírez Rojas Case

429. On June 22, 2004, the Commission conveyed to the Court its application in case No. 12.413, Wilson García Asto and Urcesino Ramírez Rojas v. the State of Peru, in compliance with the terms of Article 51 of the American Convention on Human Rights. The Inter-American Commission asked the Court to rule on the international responsibility of the State of Peru for violating Articles 7 (right to personal liberty), 8 (right to a fair trail), and 9 (principle of legality and retroactivity) of the American Convention, in conjunction with Article 1(1) (obligation to respect rights) thereof, through its antiterrorist legislation, whereby the victims were first tried and convicted, and their new prosecution under amended legislation in February 2003, which also entails the Peruvian State’s noncompliance with the duty enshrined in Article 2 of the American Convention.

Gómez Palomino Case

430. On September 13, 2004, the Inter-American Commission conveyed to the Court its application in case 11.062, filed against Peru for the forced disappearance of Santiago Fortunato Gómez Palomino, which took place on July 9, 1992, in Lima, Peru, and for related facts including the impunity surrounding the case. The IACHR asked the Court to rule on the violation of Articles 7 (right to personal liberty), 5 (right to humane treatment), 4 (right to life), 8 (right to a fair trial), and 25 (judicial protection) of the American Convention, in conjunction with Article 1(1) (obligation to respect rights) thereof.

Gómez Paquiyauri Case

431. On May 5, 6, and 7, 2004, the Commission presented the Court with its final oral arguments regarding the merits of this case, the reparations and costs, and the witness statements and findings of the expert witnesses proposed by the Commission. The IACHR subsequently submitted its written final arguments.

432. The Court handed down a Judgment on the preliminary objections, merits, and reparations in this case on July 8, 2004, finding that:

1. The State did violate the right to life enshrined in Article 4.1 of the American Convention on Human Rights, in conjunction with Article 1.1 thereof, with respect to Rafael Samuel and Emilio Moisés Gómez Paquiyauri, pursuant to paragraphs 124 to 133 of the […] Judgment.

2. The State did violate the right to personal liberty enshrined in Article 7 of the American Convention on Human Rights, in conjunction with Article 1.1 thereof, with respect to Rafael Samuel and Emilio Moisés Gómez Paquiyauri, pursuant to paragraphs 81 to 100 of the […] Judgment.

3. The State did violate the right to humane treatment enshrined in Article 5 of the American Convention on Human Rights, in conjunction with Article 1.1 thereof, and the obligations set forth in Articles 1, 6, and 9 of the Inter-American Convention to Prevent and Punish Torture, with respect to Rafael Samuel and Emilio Moisés Gómez Paquiyauri. The State also violated Article 5 of the American Convention on Human Rights, in conjunction with Article 1.1 thereof, with respect to Marcelina Paquiyauri Illanes de Gómez, Ricardo Samuel Gómez Quispe, Marcelina Haydée Gómez Paquiyauri, Ricardo Emilio Gómez Paquiyauri, Carlos Pedro Gómez Paquiyauri, Lucy Rosa Gómez Paquiyauri, Miguel Ángel Gómez Paquiyauri, and Jacinta Peralta Allccarima, pursuant to paragraphs 106 to 119 of the […] Judgment.

4. The State did violate the right to a fair trial and the right to judicial protection enshrined in Articles 8 and 25, respectively, of the American Convention on Human Rights, in conjunction with Article 1.1 thereof, with respect to Rafael Samuel and Emilio Moisés Gómez Paquiyauri, Ricardo Samuel Gómez Quispe, Marcelina Paquiyauri Illanes de Gómez, Ricardo Emilio Gómez Paquiyauri, Carlos Pedro Gómez Paquiyauri, Marcelina Haydeé Gómez Paquiyauri, Lucy Rosa Gómez Paquiyauri, and Miguel Ángel Gómez Paquiyauri, pursuant to paragraphs 140 to 156 of the […] Judgment.

5. The State did violate the obligations set forth in Article 8 of the Inter-American Convention to Prevent and Punish Torture, with respect to Rafael Samuel and Emilio Moisés Gómez Paquiyauri, pursuant to paragraphs 153 and 156 of the […] Judgment.

6. The State did violate Article 19 of the American Convention on Human Rights, in conjunction with Article 1.1 thereof, with respect to Rafael Samuel and Emilio Moisés Gómez Paquiyauri, pursuant to paragraphs 161 to 173 of the […] Judgment.

7. The State did violate Article 11 of the American Convention on Human Rights, in conjunction with Article 1.1 thereof, with respect to the members of the family of Rafael Samuel Gómez Paquiyauri and Emilio Mosiés Gómez Paquiyauri identified in paragraphs 67.t and 67.u of this ruling, pursuant to paragraphs 178 to 182 of the […] Judgment.

8. [The] Judgment represents, in and of itself, a form of reparations, in accordance with paragraph 215 of the […] Judgment.

And, consequently, it ordered that:

9. The State shall, within a reasonable time, conduct an effective investigation into the facts of the […] case, in order to identify, prosecute, and punish all those responsible for the violations committed against Rafael Samuel and Emilio Moisés Gómez Paquiyauri. The results of this process shall be made public, pursuant to paragraphs 227 to 233 of the […] Judgment.

10. The State shall conduct a public ceremony recognizing its responsibility in connection with the facts of this case and apologizing to the victims, pursuant to paragraphs 234 of the […] Judgment.

11. The State shall publish, in the Official Journal and in another national daily newspaper, on one single occasion, the chapter of [the] Judgment dealing with the proven facts, without the corresponding footnotes, and the operative paragraphs thereof, pursuant to paragraph 235 of the […] Judgment.

12. The State shall officially give the name of Rafael Samuel Gómez Paquiyauri and Emilio Moisés Gómez Paquiyauri to a school in El Callao province, by means of a public ceremony attended by the victims’ families, pursuant to paragraph 236 of the […] Judgment.

13. The State shall establish a study scholarship up to and including the university level on behalf of Nora Emely Gómez Peralta and facilitate her registration as the daughter of Rafael Samuel Gómez Paquiyauri, pursuant to paragraphs 237 and 238 of the […] Judgment.

14. The State shall pay the total amount of USD $240,500.00 (two hundred and forty thousand, five hundred U.S. dollars), or the equivalent thereof in Peruvian currency, as compensation for material damages, pursuant to paragraphs 206, 208, and 210 of the […] Judgment, to be distributed as follows:

(a) to Ricardo Samuel Gómez Quispe and Marcelina Paquiyauri Illanes de Gómez, as the parents of Emilio Moisés Gómez Paquiyauri, the amount of USD $100,000.00 (one hundred thousand U.S. dollars), or the equivalent thereof in Peruvian currency, pursuant to paragraphs 206 and 199 de la […] Judgment;

(b) to Ricardo Samuel Gómez Quispe and Marcelina Paquiyauri Illanes de Gómez, as the parents of Rafael Samuel Gómez Paquiyauri; and to Nora Emely Gómez Peralta, as the daughter of Rafael Samuel Gómez Paquiyauri, the amount of USD $100,000.00 (one hundred thousand U.S. dollars), or the equivalent thereof in Peruvian currency, pursuant to paragraphs 206 and 200 of the […] Judgment; and,

(c) to Ricardo Samuel Gómez Quispe and Marcelina Paquiyauri Illanes de Gómez, the amount of USD $40,500.00 (forty thousand, five hundred U.S. dollars), or the equivalent thereof in Peruvian currency, pursuant to paragraph 208 of the […] Judgment;

15. The State shall pay the amount of USD $500,000.00 (five hundred thousand U.S. dollars), or the equivalent thereof in Peruvian currency, as compensation for nonmaterial damages, pursuant to paragraphs 217, 219, and 220 of the […] Judgment, to be distributed as follows:

(b) to Ricardo Samuel Gómez Quispe and Marcelina Paquiyauri Illanes de Gómez, as the parents of Rafael Samuel Gómez Paquiyauri; and to Nora Emely Gómez Peralta, as the daughter of Rafael Samuel Gómez Paquiyauri, the amount of USD $100,000.00 (U.S. dollars), or the equivalent thereof in Peruvian currency, pursuant to paragraphs 217 and 200 of the […] Judgment;

(c) to Ricardo Samuel Gómez Quispe and Marcelina Paquiyauri Illanes de Gómez, the amount of USD $200,000.00 (two hundred thousand U.S. dollars), or the equivalent thereof in Peruvian currency, pursuant to paragraph 219 of the […] Judgment;

(d) to Jacinta Peralta Allccarima the amount of USD $40,000.00 (forty thousand U.S. dollars), or the equivalent thereof in Peruvian currency, pursuant to paragraph 220 of the […] Judgment; and,

(e) to Nora Emely Gómez Peralta, the amount of USD $60,000.00 (sixty thousand U.S. dollars), or the equivalent thereof in Peruvian currency, pursuant to paragraph 220 of the […] Judgment;

16. The State shall pay the amount of USD $30,000.00 (thirty thousand U.S. dollars), or the equivalent thereof in Peruvian currency, to be handed over to Messrs. Ricardo Samuel Gómez Quispe and Marcelina Paquiyauri Illanes de Gómez, to cover the costs and expenses incurred in the domestic trials and the international proceedings before the inter-American system for the protection of human rights, pursuant to paragraph 243 of the […] Judgment.

17. The State shall deposit the compensation ordered for the minor child Nora Emely Gómez Peralta in a bank investment in her name with a solvent Peruvian institution, in U.S. dollars, within a period of one year, and under the most favorable financial conditions allowed by law and banking practices, for as long as she remains a minor, pursuant to paragraph 248 of the […] Judgment.

18. The State shall pay the total amount of the compensation ordered for material damages, nonmaterial damages, costs and expenses set out in the […] Judgment, and none of those amounts may be subject to any taxes, liens, or duties currently extant or created in the future.

19. The State shall comply with the compensation measures and the reimbursement of expenses ordered in operative paragraphs 10 to 17 of the […] Judgment, within a period of one year following notification thereof, pursuant to paragraph 244 of the […] Judgment

20. Should the State’s payments fall past due, it shall pay interest on the amount owed equal to past-due bank interest rates in Peru, pursuant to paragraph 251 of the […] Judgment.

21. If, for reasons attributable to the beneficiaries of the compensation payments, said payments could not be given to them within the period of year as stipulated, following notification of the […] Judgment, the State shall deposit those amounts, on behalf of the beneficiaries, in an account or certificate of deposit at a solvent Peruvian banking institution, pursuant to paragraph 247 of the […] Judgment.

22. The Court shall monitor compliance with [the] Judgment, and shall consider the […] case closed once the State has fully implemented the measures set forth in this Judgment. Within a period of one year following notification of [the] Judgment, the State shall submit to the Court a report on the steps taken in compliance with its terms, pursuant to paragraph 252 thereof.

Huilca Tecse Case

433. On March 12, 2004, the Commission conveyed to the Court its application in case No. 11.768, Pedro Huilca Tecse v. the State of Peru, for the extrajudicial killing of Pedro Huilca Tecse, a prominent Peruvian trade union leader who, on the date of the incident, December 18, 1992, held the position of General Secretary of the General Confederation of Workers of Peru (CGTP), and for the failure to pursue a complete, impartial, and effective investigation into the crime, together with actions tending instead toward concealing the truth and protecting the perpetrators of his execution. In consideration whereof, the IACHR asked the Court to rule on the violation of Articles 4 (right to life), 8 (right to a fair trial), and 25 (judicial protection) of the American Convention, in conjunction with Article 1(1) (obligation to respect rights) thereof.

Ivcher Bronstein Case

434. During 2004, the Commission presented information and comments on the compliance with the Judgment handed down in this case.

The Case of Juárez Cruzatt et al. (Miguel Castro Castro Prison Case)

435. On September 9, 2004, the Commission conveyed to the Court its application in case No. 11.015, Hugo Juárez Cruzatt et al. v. the Republic of Peru, for the State’s responsibility in the events of May 6 to 9, 1992, at the Miguel Castro Castro prison in Lima, during which at least 42 inmates were killed, 175 were injured, and a further 322 were subjected to cruel, inhuman, and degrading treatment for various lengths of time. The Inter-American Commission asked the Court to rule on the international responsibility of the Peruvian State, which had failed to abide by its international obligations by violating Articles 4 (right to life), 5 (right to humane treatment), 8 (right to a fair trial), and 25 (right to judicial protection) of the American Convention, in conjunction with the general obligation of respecting and ensuring those rights set forth in Articles 1(1) thereof, by failing to prevent the entry of firearms into the prison, making excessive use of force, extrajudicial killing, torture, cruel, inhuman, and degrading treatment, the failure to conduct a timely and through investigation, the destruction of evidence that was essential for casting light on the incident, and the denial of justice to the detriment of the victims and their next-of-kin.

Loayza Tamayo Case

436. During 2004, the Commission presented information and comments on the compliance with the Judgment handed down in this case.

Lori Berenson Case

437. At a public hearing before the Inter-American Court on May 7, 2004, the Commission presented its final oral arguments regarding the merits of this case, reparations and costs, and the statements of the proposed witnesses.

438. On November 25, 2004, the Court issued Judgment on the merits of the case and on the applicable reparations and costs, in which:

IT F[OUND]:

Unanimously, that:

1. The State did violate the right to humane treatment enshrined in Articles 5.1, 5.2, and 5.6 of the American Convention on Human Rights, in conjunction with Article 1.1 thereof, with respect to Mrs. Lori Berenson, through the detention conditions to which she was subjected at the Yanamayo penitentiary, pursuant to paragraphs 98 to 109 of the […] Judgment.

Unanimously, that:

2. The State did violate Articles 9, 8.1, 8.2, 8.2 (b), (c), (d), (f), and (h), and 8.5 of the American Convention on Human Rights, in conjunction with Article 1.1 thereof, with respect to Mrs. Lori Berenson, through her prosecution before the military courts, pursuant to paragraphs 113 to 121, 139 to 150, 158 to 161, 166 to 168, 183 to 186, 191 to 194, and 198 to 199 of the […] Judgment.

By six votes to one, that:

3. It has not been proved that the State did violate, with respect to Mrs. Lori Berenson, Articles 9, 8.1, 8.2, 8.2 (b), (c), (d), (f), and (h), 8.4, and 8.5 of the American Convention on Human Rights, in conjunction with Article 1.1 thereof, through her prosecution before the civilian courts, pursuant to paragraphs 124 to 128, 151 to 156, 162 to 164, 169 to 181, 187 to 189, 195 to 196, and 200 to 209 of the […] Judgment.

Judge Medina Quiroga dissent[ed].

By six votes to one, that:

4. The State failed to observe, in pursuing the military trial of Mrs. Lori Berenson, the obligation established in Article 2 of the American Convention, pursuant to paragraphs 218 to 226 of the […] Judgment.

Judge Medina Quiroga dissent[ed].

AND ORDER[ED]:

Unanimously, that:

1. The State shall bring its domestic law into line with the standards of the American Convention, pursuant to paragraphs 233 and 234 of the […] Judgment.

Unanimously, that:

2. [The] Judgment represents, in and of itself, a form of reparations, pursuant to paragraph 235 of the […] Judgment.

Unanimously, that:

3. The State shall publish in the Official Journal and in another national daily newspaper both the section titled Proven Facts and the operative paragraphs of the […] Judgment, pursuant to paragraph 240 […] thereof.

Unanimously, that:

4. The State shall provide Mrs. Lori Berenson with adequate specialized medical attention, pursuant to paragraph 238 of the […] Judgment.

Unanimously, that:

5. The State shall cancel the debt imposed on Mrs. Lori Berenson as civil reparations payable to the State, pursuant to paragraphs 239 and 245 of the […] Judgment.

Unanimously, that:

6. The State shall immediately take the measures necessary to bring detention conditions at the Yanamayo penitentiary into line with international standards; to transfer to other prisons those inmates who, because of their personal conditions, cannot be held at the altitude of that facility; and to report back to the Court every six months regarding these adaptations, pursuant to paragraph 241 of the […] Judgment.

Unanimously, that:

7. The State shall pay the amount set out in paragraph 243 of this Judgment to Messrs. Rhoda and Mark Berenson, to cover costs and expenses, pursuant to paragraphs 244 to 246 of the […] Judgment.

Unanimously, that:

8. The State shall reimburse the costs and expenses in accordance with paragraph 243 of the […] Judgment, within a period of six months following notification of this decision, pursuant to paragraph 245 of [the] Judgment

Unanimously, that:

9. The State may meet its monetary obligations by payments in U.S. dollars or in the equivalent amount of the State’s domestic currency, using for the calculation thereof the exchange rate between the two currencies in force in New York City, United States of America, the day prior to the payment.

Unanimously, that:

10. The payment for costs and expenses set out in the […] Judgment may not be adjusted, reduced, or subjected to any conditions by reason of current or future fiscal policy, pursuant to paragraph 245 of the […] Judgment.

Unanimously, that:

11. Should the State’s payments fall past due, it shall pay interest on the amount owed in accordance with past-due bank interest rates in Peru.

Unanimously, that:

12. If, for reasons attributable to the beneficiaries of the costs and expenses payment, said payment could not be given to them within the stipulated period of one year, the State shall deposit the amount, on behalf of the beneficiaries, in an account or certificate of deposit at a solvent Peruvian banking institution, pursuant to paragraph 246 of the […] Judgment.

Unanimously, that:

13. It shall monitor complete compliance with [the] Judgment, and it shall consider this case closed once the State has fully complied with the measures set forth therein. Within a period of one year following notification of [the] Judgment, the State shall submit to the Court its first report on the steps taken in compliance with its terms, pursuant to paragraph 247 of the […] Judgment.

Judge Medina Quiroga informed the Court of her Dissenting Opinion, and Judge Oliver Jackman informed the Court of his Separate Concurring Opinion, which are attached to [the] Judgment.

Neira Alegría Case

439. During 2004, the Commission presented information and comments on the compliance with the Judgment handed down in this case.

Constitutional Court Case

440. During 2004, the Commission presented information and comments on the compliance with the Judgment handed down in this case.

441. On November 17, 2004, the Court issued an Order on judgment compliance requesting the State: to adopt all measures necessary to promptly enforce and implement the items pending compliance identified by the Court in the Judgment of January 31, 2001, and in the Orders of November 27 2003, and November 17, 2004, in accordance with the provisions of Article 68(1) of the American Convention; to identify and cancel, pursuant to applicable domestic law most favorable to the victims and in compliance with guarantees of due process, the amounts of interest accrued during the time the outstanding salaries and other emoluments of Messrs. Manuel Aguirre Roca, Guillermo Rey Terry, and Delia Revoredo Marsano were pending; and to submit a detailed report no later than January 31, 2005.

Dominican Republic

Dilcia Yean and Violeta Bosico Case

442. The case of the minor children Dilcia Yean and Violeta Bosico v. the Dominican Republic (Case 12.189) – the first case ever brought against that country – was placed before the Court on July 11, 2003, so that the Court could rule on the international responsibility of the State of the Dominican Republic in the Dominican authorities’ refusal to grant Dominican nationality to Dilcia Yean and Violeta Bosico Cofi , even though both girls had been born on Dominican soil and the country’s Constitution enshrines the principle of jus soli. In consideration whereof, the Commission asked the Court to rule on the violation of the right to juridical personality, the right to a fair trial, the rights of the child, the right to nationality, the right to equality before the law, and the right to judicial protection, set forth respectively in Articles 3, 8, 19, 20, 24, and 25 of the American Convention, in conjunction with Articles 1 and 2 thereof.

q. Suriname

Moiwana Community Case

443. At a public hearing before the Inter-American Court on September 9, 2004, the Commission presented its final oral arguments regarding the preliminary objections, merits of this case, reparations and costs, and the witness statements and findings of the proposed expert witness. Later, the IACHR submitted its final oral arguments.

r. Trinidad and Tobago

Winston Caesar Case

444. On November 15, 2004, the Commission appeared before the Inter-American Court at a public hearing during which it presented its final oral arguments regarding the merits of the case, reparations and costs, and the statement of the proposed expert witness. The IACHR subsequently submitted its written final arguments.

Cases of Hilaire, Constantine, Benjamin, et al.

445. During 2004, the Commission presented information and comments on the compliance with the Judgment handed down in this case.

s. Venezuela

El Caracazo Case

446. During 2004, the Commission presented information and comments on the compliance with the Judgment handed down in this case.

447. On November 17, 2004, the Court issued an Order asking the State to adopt all measures necessary to promptly enforce and implement the items pending compliance ordered by the Court in the reparations Judgment of August 29, 2002, together with the provisions of the Order of November 17, 2004, in accordance with the terms of Article 68.1 of the American Convention. The Court also requested that the State present a report.

El Amparo Case

448. During 2004, the Commission regularly presented comments on the State’s compliance with the Judgment.

Case of Blanco Romero, Hernández Paz, and Rivas Fernández

449. On June 30, 2004, the Commission conveyed to the Court its application in cases 12.256, 12.258, and 12.307, all filed against the Bolivarian Republic of Venezuela. The IACHR asked the Court to rule on the violation of Articles 4(1) (right to life), 5(1) and (2) (right to humane treatment), 7 (right to personal liberty), 8(1) (to a fair trial), and 25 (judicial protection) of the American Convention, in conjunction with its noncompliance with Article 1(1) thereof (obligation to respect rights), and of Article 1 of the Inter-American Convention on Forced Disappearance of Persons and Articles 1, 2, 6, and 7 of the Inter-American Convention to Prevent and Punish Torture, in light of the events that transpired in Vargas State, Venezuela, between December 21 and 23, 1999, entailing the arrest and subsequent forced disappearance of Oscar José Blanco Romero, Roberto Javier Hernández Paz, and José Francisco Rivas Fernández, at the hands of State agents.

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