146
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.
XVI
OPERATIVE PARAGRAPHS
340.
Now therefore,
THE COURT
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