11
Government should have paid the damages by setting up the trust but neglected to
do so, and the date on which it actually complies with its obligations.
43. Since the Government already has the required authorization to pay, as it has
informed the Court, it must now immediately proceed to deliver to the beneficiaries
of the compensation and the trust the amount fixed in Decree Numbert 59-90,
applying it, as is customary practice, first to the above-mentioned compensation and
to the interest, and subsequently to the capital. Any shortages of capital remaining
after this payment shall be subject to the provisions of paragraph 42, supra, until
fully paid.
44. It follows, from all that has been said above, that there are two specific issues
that the Court must rule on, namely:
1.
The interpretation of the meaning, scope and purpose of the expression under
the most favorable conditions permitted by Honduran banking practice, utilized in
paragraph 53 of the Judgment of July 21, 1989; and
2.
The measures the Court must adopt in exercising the power it assumed under
paragraph 5 of the operative part of that same judgment, that is, the supervision of
the indemnification ordered until full payment is made.
THEREFORE,
THE COURT,
DECIDES:
unanimously
1.
To declare admissible the request for interpretation of the Judgment of July
21, 1989, presented by the Inter-American Commission on Human Rights on October
2, 1989.
unanimously
2.
To declare inadmissible the request for amplification of the petition for
clarification of the judgment presented by the Inter-Amercian Commission on Human
Rights on July 6, 1990.
unanimously
3.
To declare that the expression under the most favorable conditions permitted
by Honduran banking practice must be interpreted in the manner stated in
paragraph 31, supra.
unanimously
4.
In the exercise of its power to supervise compliance with its Judgment of July
21, 1989, that the Government of Honduras must compensate the injured parties for
the delays in the payment of damages and in setting up the trust as ordered, under
the conditions stipulated in paragraphs 40, 42 and 43, supra.