52
combat impunity, which has been defined as “the total lack of investigation, capture,
prosecution, trial and conviction of those responsible for violations of the rights
protected by the American Convention.”72
124. Consequently, the State has the obligation to investigate the facts that gave
rise to the violations confirmed in this judgment, and must order a real and effective
investigation in order to identify and punish those responsible for the violations.
*
*
*
125. Concerning the reimbursement of costs and expenses, this Court must
evaluate their scope with prudence; they includes the expenses for the steps taken
by the victims before the authorities in the domestic jurisdiction and also those that
arose in the course of the proceeding before the inter-American system. This
evaluation may be made based on the principle of fairness and taking into account
the expenses indicated by the parties, provided that the quantum is reasonable73.
126.
To this end, the Court considers that, in reimbursement of the costs and
expenses generated in the internal and the international jurisdictions, it is fair to
grant the victims the following amounts: Manuel Aguirre Roca, US$25,000.00
(twenty-five thousand United States dollars) or the equivalent in Peruvian money
when the payment is made; Guillermo Rey Terry, US$25,000.00 (twenty-five
thousand United States dollars) or the equivalent in Peruvian money when the
payment is made; and Delia Revoredo Marsano, US$35,000.00 (twenty-five
thousand United States dollars) or the equivalent in Peruvian money when the
payment is made.
127. With regard to the items established in paragraph 126, these should be
agreed on and paid as soon as possible, in accordance with the applicable Peruvian
law.
128. In order to comply with this judgment, the State must pay the
compensations established in favor of Manuel Aguirre Roca, Guillermo Rey Terry and
Delia Revoredo Marsano, within six months of notification. When it disburses the
compensations granted in this judgment, the State must pay the amounts in relation
to the actual value of the salaries that they failed to receive over the corresponding
period (salaries in arrears). Finally, if, for any reason, it is not possible for the
beneficiaries to receive the compensations within the indicated six-month period, the
State must deposit the said amounts in an account or deposit certificate in a solvent
financial institution under the most favorable conditions. If, after ten years, the
compensation has not been claimed, the amount will be returned to the State of
Peru, with the interest earned.
129. In accordance with its consistent practice, this Court reserves the authority
to supervise complete compliance with this judgment. The proceeding will be closed
once the State has fully complied with the provisions of the judgment.
72
Cf. Bámaca Velásquez case, supra note 4, para. 211.
73
Cf. Suárez Rosero case, Reparations, supra note 67, paras. 92 and 97.