directly to the persons indicated herein, within one year of notification of the Judgment, in
accordance with the following paragraphs.
200. If the beneficiaries should die before they receive the respective compensation, this
shall be delivered directly to their heirs, in accordance with the applicable domestic law.
201. The State must comply with its obligations by payment in United States dollars or
Argentine currency, using the exchange rate between the two currencies in force on the
stock market of New York, United States of America, the day before the payment.
202. If, for reasons that can be attributed to the beneficiaries of the compensation, it is
not possible for them to receive it within the indicated time frame, the State shall deposit
these amounts in their favor in an account or certificate of deposit in an Argentine financial
institution, in United States dollars and in the most favorable financial conditions permitted
by Argentine banking law and practice. If, after 10 years, the compensation has not been
claimed, the amounts shall be returned to the State with the interest accrued.
203. The amounts allocated in this Judgment as compensation shall be delivered to the
persons indicated integrally, as established in this Judgment, without deductions arising
from possible taxes or charges.
204. If the State should incur arrears, it shall pay interest on the amount owed
corresponding to bank interest on arrears in the Argentine Republic.
X
OPERATIVE PARAGRAPHS
Therefore,
THE COURT
DECIDE,
unanimously that:
1.
It accepts the Agreement on Reparations in the terms of paragraphs 15 to 27 of this
Judgment.
DECLARES,
unanimously that:
2.
The State is responsible for the violation of the right to life recognized in Article 4(1) of
the American Convention on Human Rights, in relation to Article 1(1) of this instrument, to
the detriment of Jorge Omar Gutiérrez, in accordance with paragraphs 74 to 92 of this
Judgment.
3.
The State is responsible for the violation of the right to judicial guarantees and to
judicial protection recognized in Articles 8(1) and 25 of the American Convention on Human
Rights, in relation to Article 1(1) of this instrument, to the detriment of Nilda del Valle
Maldonado de Gutiérrez, Jorge Gabriel Gutiérrez, Omar David Gutiérrez, Marilin Verónica
65
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