14
the interest accrued on a monthly basis. Once the children become of age, they shall
receive the total owing to them. In the event of their death, their rights herein shall pass to
their heirs.
62.
The State may fulfill this obligation through payments in dollars of the United States
of America, or of an equivalent amount in the local currency of Colombia. The rate of
exchange used to determine the equivalent value shall be the rate of exchange rate for the
dollar of the United States of America and the Colombian currency quoted on the New York
market on the day before the date of payment.
63.
If after one year from the date of notification of this Judgment any of the adult
beneficiaries fail to claim the payment of the compensation to which they are entitled, or if
the judicial decision referred to in paragraph 52(b) is not complied with, the State shall
deposit the sum due in a trust fund, on the terms set forth in the paragraph 61. If, after
ten years from the establishment of the trust fund the indemnity has not been claimed by
those persons or their heirs or the aforementioned document has not been presented, the
amount shall be returned to the State and this judgment shall be deemed to have been
fulfilled.
64.
The compensation payments shall be exempt from any tax currently in force or any
that may be decreed in the future.
65.
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 in Colombia during the period of arrears.
XIX
66.
Now, therefore,
THE COURT,
DECIDES:
Unanimously,
1)
To set at US$ 89,500.00 (eighty-nine thousand five hundred dollars of the United
States of America) or its equivalent in the national currency the amount that the Colombian
State must pay to the relatives of the Isidro Caballero-Delgado and María del Carmen
Santana by July 31, 1997. These payments shall be made by the State of Colombia in the
proportion and conditions set forth in the consideranda of this judgment.
Unanimously,
2)
To set at US$ 2,000.00 (two thousand dollars of the United States of America) the
amount that the State must pay directly to Mrs. María Nodelia Parra-Rodríguez as
reimbursement of the expenses incurred in her representations before the Colombian
authorities.
By five votes to one,
3)
That the non-pecuniary reparations requested are inadmissible,
Judge Cançado Trindade dissenting.