that violations of the American Convention have been committed in a specific case and, in its
opinion, this has not occurred in the instant case. Consequently, in application of article 5 of the
Rules of the Fund, the Court must assess whether it is appropriate to order the defendant State to
reimburse the Legal Assistance Fund for the disbursements made.
299. Based on the violations declared in this Judgment and the fact that the requirements to
access the Fund were met, the Court orders the State to reimburse the said Fund the sum of
US$3,306.86 (three thousand three hundred and six United States dollars and eighty-six cents) for
the expenses of the appearance of deponents at the public hearing in this case and the preparation
and sending of one affidavit. This amount must be reimbursed within 90 days of notification of this
Judgment.
G.
Means of complying with the payments ordered
300. The State must pay the compensation for pecuniary and non-pecuniary damage and to
reimburse costs and expenses established in this Judgment directly to the persons and organization
indicated herein, within one year of notification of this Judgment, in accordance with the following
paragraphs.
301. Should the beneficiaries be deceased or die before the respective compensation is delivered
to them, this must be delivered directly to their heirs, pursuant to the applicable domestic law. In
this regard, the Court has taken note that Juana Rivera Lozano and Efraín Osorio Rivera died in
2010 and 2008, respectively. 408
302. The State must comply with its pecuniary obligations by payment in United States dollars or
the equivalent in Peruvian currency, using the exchange rate in force in the Central Bank of the
Republic of Peru the day before the payment to make the respective calculation.
303. If, for causes that can be attributed to the beneficiaries of the compensation or their heirs,
it is not possible to pay the amounts established within the indicated time frame, the State shall
deposit these amounts in their favor in an account or certificate of deposit in a solvent Peruvian
financial institution, in United States dollars, and in the most favorable conditions permitted by
banking law and practice. If the corresponding compensation is not claimed, when 10 years have
passed the amount shall be returned to the State with the interest accrued.
304. The amounts allocated in this Judgment as compensation and to reimburse costs and
expenses must be delivered to the persons and organization indicated integrally, as established in
this Judgment, without any reductions for eventual taxes or charges.
305. If the State incurs in arrears, it must pay interest on the amount owed corresponding to
banking interest on arrears in the Republic of Peru.
IX
OPERATIVE PARAGRAPHS
306.
Therefore,
408
Cf. Death certificate of Juana Rivera Lozano (file of proceedings before the Commission, volume I, folio 388), and
Report of the psychological evaluations made by Carlos Alberto Jibaja Zárate on August 15, 2013 (evidence file, volume XI,
affidavits, folio 5351).
97
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