45
an account or a deposit certificate in a solvent Guatemalan banking institute, in
United States dollars, and in the most favorable financial conditions permitted by law
and banking practice. If, after 10 years, the amount corresponding to the
reimbursement of these expenses has not been claimed, it shall revert to the State
with the accrued interest.
142. The amount allocated in this judgment for expenses may not be affected,
reduced or conditioned by current or future taxes or charges. Consequently, it shall
be delivered to Mr. Raxcacó Reyes integrally, as established in this judgment.
143. If the State falls into arrears, it shall pay interest on the amount owed,
corresponding to banking interest on arrears in Guatemala.
144. In accordance with its consistent practice, in exercise of its attributes and in
compliance with its obligations deriving from the American Convention, the Court
shall exercise the authority inherent in its attributes to monitor compliance with all
the terms of this judgment. The case will be closed when the State has fully complied
with the terms of thee judgment. Within one year of notification of the judgment,
Guatemala shall provide the Court with a first report on the measures adopted to
comply with the judgment.
XIV
OPERATIVE PARAGRAPHS
145.
Therefore,
THE COURT
DECLARES,
Unanimously, that:
1.
The State violated to the detriment of Mr. Raxcacó Reyes the rights embodied
in Article 4(1), 4(2) and 4(6) of the American Convention on Human Rights, in
relation to Articles 1(1) and 2 thereof, in the terms of paragraphs 54 to 90 of this
judgment.
2.
The State violated to the detriment of Mr. Raxcacó Reyes the right to humane
treatment embodied in Article 5(1) and 5(2) of the American Convention on Human
Rights, in relation to Article 1(1) thereof, in the terms of paragraphs 93 to 102 of this
judgment.
3.
It has not been proved that the State violated to the detriment of Mr. Raxcacó
Reyes the right to judicial protection embodied in Article 25 of the American
Convention on Human Rights, for the reasons described in paragraphs 110 to 113 of
this judgment.
4.
This judgment constitutes, per se, a form of reparation, in the terms of
paragraph 131 hereof.
AND DECIDES:
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