14
XI
43.
This judgment is to be executed in the following manner: the State shall pay the
indemnities awarded to the adult relatives and the survivors within six months of the date of
notification. Should any of them die before the payment is made, the sum shall be payable
to his or her heirs.
44.
In its briefs and at the public hearing of January 27, 1996, the Commission always
calculated the compensation in United States dollars. In its communication of June 14, 1996,
the Government reiterated that the calculations “should be made in Bolívares, which is the
local currency of the Republic of Venezuela, where the successors-in-title reside.”
45.
In respect of the above, the Court decides that the State may fulfill this obligation
through payments in dollars of the United States or of the equivalent amount in the local
currency of Venezuela. The rate of exchange used to determine the equivalent value shall be
the selling rate for the United States dollar and the Venezuelan Bolívar quoted on the New
York market on the day before the date of the payment.
46.
For payment of the compensation to the minor children, the Government shall set up,
within six months, trust funds in a solvent and sound Venezuelan banking institution, on the
most favorable terms permitted by banking laws and practice, for each of the minor
children, who shall receive the interest accrued on a monthly basis. Once the children
become of age or marry, they shall receive the total owing to them. In the event of their
death, their rights shall pass to their heirs.
47.
In the event that any of the adults fail to claim payment of the compensation to
which they are entitled, the State shall deposit the sum due in a trust fund on the terms set
forth in the previous paragraph, and shall make every effort to locate that person. If ten
years from the establishment of the trust fund the indemnity has not been claimed by the
person or his or her heirs, it shall be returned to the State and this judgment shall be
deemed to have been fulfilled with regard to that person. The foregoing shall also apply to
the trust funds set up for the minor children.
48.
The compensation paid shall be exempt from any tax currently in force or any that
may be decreed in the future.
49.
Should the Government be in arrears with its payments, it shall pay interest on the
total of the capital owing at the current bank rate on the date of the payment.
XII
50.
In regard to the non-pecuniary reparations and costs, the Commission in its brief of
November 3, 1995 requested the Venezuelan State to call a press conference and
subsequently inform the public, through the major national daily newspapers, that the
events that occurred at “El Amparo” on October 29, 1988 were the responsibility of the
State. This must be accompanied by “[t]he declaration that never will acts such as those