47
and ninety-one cents) for Casa Alianza and the sum of US$ 11,000.00 (eleven
thousand United States dollars) for CEJIL.
XI
METHOD OF COMPLIANCE
Arguments of the representatives of the victims’ next of kin
110. In their reparations brief, the representatives of the victims’ next of kin
proposed that the compensation payment should made by a single payment of the
total amount calculated at the time of the execution of judgment. During the public
hearing, in view of the State’s proposal for a friendly settlement, the representatives
indicated that, even though the State had shown good intentions, this was not the
appropriate procedural stage for implementing such a proposal. Nevertheless, they
were ready to work with the State in executing the judgment on reparations
delivered by the Court.
The Commission’s arguments
111.
The Commission requested the Court that:
a)
Guatemala be obliged to pay the compensation amounts that had been
established within six months of the respective judgment;
b)
payment of the compensation be made either in United States dollars
or the equivalent in quetzales;
c)
the need to maintain the purchasing power of the amount that the
Court orders to be paid should be taken into account when calculating the
compensation and determining the form of payment, considering devaluation
and depreciation;
d)
payment of the compensation be exempt from any current or future
taxes;
e)
it find that the Court would maintain its competence in this matter
until it was verified that all the measures of reparation ordered had been
complied with.
The State’s arguments
112. During the public hearing, Guatemala proposed two options for determining
reparations to the Court. First, the possibility of negotiating an agreement with the
parties on the form and amount of the compensations, within a period of time
defined by the Court. Second, if that measure was not accepted, it proposed that a
court of arbitration should be established, which would be responsible for
determining the pecuniary compensation within a period to be defined by the Court,
prior to which the parties would sign a commitment to respect the arbitrator’s
decision. The agreement reached would, in any case, be submitted to the Court for
its approval and the Court would reserve the right to decide on the matter should the
parties not reach an agreement.
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