persons indicated in the judgment within one year of notification of the judgment and in
accordance with the following paragraphs.
274. If the victims are deceased or die before they receive the respective
compensation, the amount must be paid directly to the heirs, pursuant to the applicable
domestic law.
275. The State must comply with its pecuniary obligations by payment in United
States dollars or the equivalent in the Uruguayan currency, using the exchange rate in
force on the stock market of New York, United States of America, on the day prior to the
payment.
276. If, for reasons that can be attributed to the beneficiaries of the compensation or
their heirs, it is not possible to pay the amounts decided within the time frame indicated,
the State must deposit the said amounts in an account or certificate of deposit in the
beneficiary’s name in a solvent Uruguayan financial institution in United States dollars
and under the most favorable financial terms allowed by law and banking practice.
277. If, after 10 years, the compensation remains unclaimed, the funds will be
returned to the State together with the accrued interest.
278. The amounts allocated in this judgment for compensation and reimbursement of
costs and expenses must be paid to the persons indicated in full, as established in this
judgment, without reductions for future taxes or charges.
279. If the State fall into arrears with its payments, it must pay interest on the
amount owed corresponding to Uruguayan bank interest on arrears.
IX
OPERATIVE PARAGRAPHS
280.
Therefore,
THE COURT
DECLARES,
By four votes in favor to one vote against, that,
1.
The State is responsible for the violation of the right to be heard, embodied in
Article 8(1) of the American Convention on Human Rights, in relation to Article 1(1)
thereto, to the detriment of the 539 persons who filed a petition under article 31 of Law
17,613, indicated in the Annex to this judgment, as established in paragraphs 133 to
143 of this judgment.
2.
The State is responsible for the violation of the right to non-discriminatory
treatment, in relation to the right to the procedural guarantee of an adequate reasoning,
protected by Articles 1(1) and 8(1) of the American Convention on Human Rights, to the
detriment of Alicia Barbani Duarte and Jorge Marenales, pursuant to paragraphs 173 to
175 and 178 to 185 of this judgment.
3.
There are no elements to corroborate the alleged violation of the right to nondiscriminatory treatment, in relation to the procedural guarantee of an adequate
reasoning, protected by Articles 1(1) and 8(1) of the American Convention on Human
Rights, to the detriment of Oscar Eduardo Pivovar Vannek and Alba Fernández, pursuant
to paragraphs 182 and 185 of this judgment.
94