Inter-American Court of Human Rights

XV Manner of Compliance

Download 3.09 Mb.
Size3.09 Mb.
1   ...   78   79   80   81   82   83   84   85   ...   96

Manner of Compliance
331. To comply with the present Judgment, the State is to pay the compensation (supra paragraphs 294 and 309) and reimburse the costs and expenses (supra para. 330) within one year of the date of this Judgment’s notification. The State has six months to comply with the measures ordered involving publication of the Judgment (supra para. 315), the public act of acknowledgment of international responsibility (supra para. 316), the formation of the committee (supra para. 320), and the special education and vocational assistance program (supra para. 321). The medical and psychological treatment ordered (supra paragraphs 318 and 319) is to begin immediately upon the formation of the committee. Within 15 days, the State must comply with the measure ordering a place for the remains of Mario del Pilar Álvarez Pérez (supra para. 322).
332. Payment of the compensations ordered for the victims will be done in accordance with paragraphs 271 to 282 of the present Judgment.
333. The payments for reimbursement of costs and expenses incurred in steps taken by the representatives under domestic jurisdiction and in the international proceedings before the inter-American system for the protection of human rights will be made to said representatives (supra para. 330).

334. The State can fulfill its pecuniary obligations by means of a payment in United States dollars or in an equivalent amount of the State’s national currency, using for the respective calculation the exchange rate between both currencies at the New York exchange the day before the payment. The bank investment will be in United States dollars in keeping with the terms of paragraphs 335 and 336 of this Judgment.

335. If for any reason attributable to the beneficiaries of the compensations, they are unable to receive them within the stipulated one-year period from the date of notification of the present Judgment, the State shall deposit the respective amount in favor of said beneficiaries in a bank account or certificate of deposit, at a sound financial institution, in United States dollars and under the most favorable financial terms allowed by banking practice and law. If after ten years the compensation has not been claimed, the amount will be returned to the State, with the interest earned.
336. In the case of the compensation ordered for the beneficiaries who are minors, the State will apply the corresponding amount toward a bank investment, in their name, in a sound Paraguayan financial institution, in United States dollars. The investment is to be made within one year, under the most favorable terms allowed under banking practice and law, and for as long as the beneficiaries are minors. The beneficiaries may withdraw the investment when they reach the age of majority or when, for the sake of the child’s best interests or by order of a competent judicial authority, earlier withdrawal is authorized. If after ten years from the date on which the beneficiaries attain the age of majority, the compensation is still not claimed, the amount will be returned to the State with the interest earned.
337. The amounts awarded in the present Judgment as compensation for pecuniary and non-pecuniary damages, and costs and expenses may not be subject to, reduced by or conditional upon any existing or future fiscal considerations. They must, therefore, be paid to the beneficiaries in full, i.e., in the exact amount stipulated in the Judgment.
338. Should the State fall into arrears, it shall pay interest on the amount owed, which will be the banking arrearage interest rate in effect in Paraguay.
339. In keeping with its usual practice, the Court reserves the right to exercise its authority to oversee full compliance with this Judgment and will declare the case closed once the State has fully complied with the present Judgment. Within one year of the date of notification of this Judgment, Paraguay shall submit an initial report to the Court on the measures adopted to comply with this Judgment.

Directory: docs -> casos -> articulos
docs -> #17622 Relational Leadership: New Developments in Theory and Practice
docs -> Leadership Development Programs and ecq-based Readings
articulos -> Inter-American Court of Human Rights Case of Loayza-Tamayo v. Peru Judgment of November 27, 1998
articulos -> Inter-American Court of Human Rights Case of DaCosta Cadogan v. Barbados Judgment of September 24, 2009
articulos -> Inter-American Court of Human Rights Case of Albán-Cornejo et al v. Ecuador Judgment of August 5, 2008
articulos -> Inter-American Court of Human Rights Case of Baldeón-García v. Perú Judgment of April 6, 2006
casos -> Operation Condor
casos -> Humberto antonio sierra porto and eduardo ferrer mac-gregor poisot case of the kali
articulos -> Official summary issued by the inter-american court

Download 3.09 Mb.

Share with your friends:
1   ...   78   79   80   81   82   83   84   85   ...   96

The database is protected by copyright © 2023
send message

    Main page