323. The State shall pay the sums set for rehabilitation and for pecuniary and non-pecuniary
damages, and shall reimburse costs and expenses established in this Judgment to Anatole
Alejandro Larrabeiti Yáñez y Claudia Victoria Larrabeiti Yáñez, directly to both of them, within
one year of notification of this Judgment. If either of the beneficiaries should pass away before
they receive the compensation, it shall be delivered directly to their heirs, pursuant to the
applicable domestic law.
324. The State shall comply with its monetary obligations through payment in United States
dollars, or the equivalent in local currency, calculated according to the market exchange rate
published or calculated by a relevant banking or financial authority on the date closest to the
day of payment.
325. If, for reasons that can be attributed to the beneficiaries of the compensation or their
heirs, it is not possible to pay the amounts established within the time frame indicated, the
State shall deposit these amounts in an account or certificate of deposit in their favor in a
sound Argentine financial institution, in United States dollars, and on the most favorable
financial terms permitted by the State’s law and banking practice. If the compensation is not
claimed after ten years, the amounts shall be returned to the State with the interest accrued.
326. The amounts granted for rehabilitation, pecuniary and non-pecuniary damages, and to
reimburse costs and expenses shall be delivered fully to the persons indicated, as established
in this Judgment, without any deductions resulting from possible taxes or charges.
327. If the State should fall in arrears, including in the reimbursement of expenses to the
Victims’ Legal Assistance Fund, it shall pay interest on the amount owed corresponding to
banking interest on arrears in the Argentine Republic.
IX
OPERATIVE PARAGRAPHS
328. Therefore,
THE COURT
DECIDES,
Unanimously:
1.
To admit the preliminary objection of lack of jurisdiction ratione temporis, in the terms
of paragraphs 21 to 28 of this Judgment.
2.
To deny the preliminary objection of lack of jurisdiction ratione materiae, in the terms
of paragraphs 32 to 33 of this Judgment.
3.
To deny the preliminary objection of failure to exhaust domestic remedies as regards to
harm involved in the alleged violation of Articles 8 and 25 of the American Convention on
Human Rights, in connection with the breach of the duties to provide reparations for human
rights violations and adapt domestic law, in the terms of paragraphs 37 to 41 of this Judgment.
4.
To deny the preliminary objection for violation of the right to defense and international
due process to the detriment of the Argentine State, in the terms of paragraphs 45 to 47 of
this Judgment.
AND DECLARES,
79