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(supra paragraphs 216 and 217) and build the aforementioned memorial (supra
paragraph 218), all within a year, except when specified otherwise (supra paragraph
217). Regarding the community development fund, which will be directed to health,
housing and education programs for the Moiwana community members, the specific
elements of said programs shall be determined by an implementation committee,
and shall be completed within five years. If the State and the representatives of the
victims have not arrived at an agreement regarding the composition of the
implementation committee within six months from the date of notification of the
present judgment, the Court will convene them to a meeting in order to decide upon
the matter. Finally, the State shall, as soon as possible, recover the remains of the
Moiwana community members killed during the events of November 29, 1986, and
deliver them to the surviving community members.
All of the time frames
mentioned above shall be calculated from the date of the notification of the instant
judgment. The other measures ordered without a specific time frame shall be
completed within a reasonable period of time from the date of the notification of the
present judgment.
226. The payment of compensation ordered in favor of the victims shall be carried
out according to the terms set out in paragraphs 178 – 181 of the instant judgment,
as is appropriate.
227. The payment of costs incurred by the representatives shall be carried out
according to the terms set out in paragraphs 223 and 224 of the instant judgment.
228. The State may comply with its obligations by payment in United States dollars
or the equivalent amount in national currency, using the rate of exchange between
the two currencies in force on the market in New York, United States of America, the
day before payment, in order to make the respective calculation.
229. If, due to causes that can be attributed to the beneficiaries of the
compensation, they are unable to claim such compensation within the specified
period of one year or 24 months (supra paragraphs 178 and 179), from the date of
the notification of this judgment, the State shall deposit such amount in their favor in
an account or a deposit certificate in a reputable national banking institution, in
United States dollars and in the most favorable financial conditions allowed by
legislation and banking practice. If, after ten years, the compensation has not been
claimed, the sum shall be returned to the State, with the interest earned.
230. The payments ordered in this judgment as compensation for material and
moral damages, as well as costs, may not be affected, reduced or conditioned by any
current or future taxes or charges. Consequently, the amounts shall be paid in full
to the victims in accordance with the present judgment.
231. If the State falls in arrears, it shall pay interest on the amount owed,
corresponding to bank interest on arrears in Suriname.
232. In accordance with its consistent practice, the Court retains the authority,
inherent in its competence, to monitor compliance with this judgment. The instant
case shall be closed when the State has fully implemented all of the provisions of this
judgment. Within one year of the date of notification of this judgment, Suriname
shall furnish the Court with a first report on the measures taken in compliance
therewith.
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