60
281. Bearing in mind the foregoing considerations, the evidence provided, the State’s
observations on this evidence, and the equity principle, the Court determines that the
State shall deliver the sum of US$30,000.00 (thirty thousand United States dollars) to
Mr. Chaparro, and the sum of US$5,000.00 (five thousand United States dollars) to Mr.
Lapo, for costs and expenses. These amounts shall be delivered to the victims within one
year of notification of this judgment, and they shall deliver the amount they consider
appropriate to their representatives, in keeping with the assistance provided by the
latter.
282. Furthermore, the representatives requested reimbursement of approximately
$5,000.00 (five thousand United States dollars) to Mr. Lapo, and US$3,500.00 (three
thousand five hundred United States dollars) to Mr. Chaparro, for supposed food and
maintenance expenses while they were deprived of their liberty, and for paying for
“security to other inmates.” In this regard, the Court observes, first, that these
allegations were presented together with the helpful evidence (supra para. 11), in other
words, when the appropriate procedural opportunity had expired. According to the
Court’s case law, the request for helpful evidence does not grant a fresh opportunity for
expanding or completing arguments.184 Second, the said concepts do not conform to
what the Court understands by costs and expenses, which are: “the disbursements that
are strictly necessary to attend the matters before the jurisdictional organs at the
national and international level.”185 Consequently, it decides not to grant reimbursement
for these concepts.
E)
283. The
established
die before
successors,
284.
METHOD OF COMPLIANCE WITH THE PAYMENTS ORDERED
payment of compensation and the reimbursement of costs and expenses
in favor of the victims shall be made directly to them. If one of them should
the respective compensation is delivered to him, it shall be paid to his
in accordance with the applicable domestic laws.186
The State must comply with its obligations by payment in United States dollars.
285. If, for reasons attributable to the beneficiaries of the compensation, it is not
possible for them to receive it within the indicated period, the State shall deposit the
amount in favor of the beneficiaries in an account or a deposit certificate in an
Ecuadorean banking institute in United States dollars and in the most favorable financial
conditions permitted by law and banking practice. If, after 10 years, the compensation
has not been claimed, it shall revert to the State with the accrued interest.
286. The amounts allocated in this judgment for compensation and for reimbursement
of costs must be delivered to the beneficiaries integrally as established in this judgment
without any deductions for possible taxes.
287. If the State falls into arrears, it shall pay interest on the amount owed,
corresponding to banking interest on arrears in Ecuador.
288. In keeping with its consistent practice, the Court reserves the right inherent in its
attributes and derived from Article 65 of the American Convention to monitor compliance
with all the terms of this judgment. The case will be closed when the State has fully
184
41.
185
186
Cf. Case of Molina Theissen, supra note 180, para. 22; Case of Acosta Calderón, supra note 47, para.
Cf. Case of Cesti Hurtado, supra note 183, para. 72.
Cf. Case of Myrna Mack Chang, supra note 13, para. 294; Case of Cantoral Huamani and García Santa
Cruz, supra note 20, para. 162, and Case of Zambrano Vélez et al., supra note 13, para. 137.
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