61
212. Any payment ordered to cover the costs and expenses resulting from the acts
performed by the victim’s representatives during domestic proceedings and
international proceedings before the Inter-American System of Protection of Human
Rights shall be made to the benefit of Mr. Crispín Baldeón-Yllaconza (supra para.
209), who will in turn distribute such funds as appropriate.
213. If the beneficiaries of compensations are not able to receive the payments
within the specified term due to causes attributable to them, the State shall deposit
said amounts in an account to the beneficiary’s name or draw a certificate of deposit
from a reputable Peruvian financial institution, in United States dollars, under the
most favorable financial terms the law in force and customary banking practice allow.
If after ten years compensations were still unclaimed, these amounts plus accrued
interests shall be returned to the State.
214. The State may discharge its pecuniary obligations by tendering United States
dollars or an equivalent amount in the currency of Peru, at the New York, USA
exchange rate between both currencies, prevailing in New York, United States of
America, on the day prior to the day payment is made.
215. Payments ordered as compensation for pecuniary and non pecuniary damage
and for costs and expenses shall not be affected, reduced or conditioned by tax
reasons, be they present or future. Therefore, beneficiaries shall receive the total
amount as per the provisions herein.
216. Should the State fall into arrears with its payments, Peruvian banking default
interest rates shall be paid on the amount owed.
217. In accordance with its constant practice, the Court retains the authority
emanating from its jurisdiction and the provisions of Article 65 of the American
Convention, to monitor full compliance with this judgment. The instant case shall be
closed once the State implements in full the provisions herein set forth. Peru shall,
within a year, submit to the Court a report on the measures adopted in compliance
with this Judgment.
XIII
OPERATIVE PARAGRAPHS
218.
Therefore,
THE COURT,
DECIDES,
unanimously
1.
To admit the acknowledgment of its international liability made by the State
for the violation of the rights protected in Articles 4 (Right to Life), 5 (Right to
Personal Integrity) and 7 (Right to Personal Freedom) of the American Convention, in
relation to Article 1(1) (Obligation to Respect Rights) of that treaty, to the detriment
of Mr. Bernabé Baldeón-García; and the acknowledgment of its international liability
made by the State for the infringement of Article 8(1) (Right to Fair Trial) of the
American Convention, relating to Article 1(1) (Obligation to Respect Rights) of that
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