43
221. In view of the foregoing, and taking into consideration the excessive period of time
the processing of this case has taken, the Court sets in equity the amount of US$ 30,000.00
(thirty thousand United States dollars) to be reimbursed by the State to Mr. Bueno-Alves,
who will pay to his representative the amount he may deem appropriate as costs and
expenses incurred before the domestic authorities, as well as expenses incurred throughout
the proceedings before the Inter-American system. The State shall pay the amount set as
compensation for pecuniary damage within one year as from notice of this Judgment.
E)
Method of Compliance with the Payments Ordered
222. The compensatory amounts set in favor of Mr. Bueno-Alves and Inés María del
Carmen Afonso-Fernández, Ivonne Miriam Bueno, Verónica Inés Bueno, and Juan Francisco
Bueno shall be paid directly to the beneficiaries thereof. The same shall apply to the
reimbursement of costs and expenses. Should any of these persons die before the pertinent
above compensatory amounts are paid thereto, such amounts shall inure to the benefit of
their heirs, pursuant to the provisions of the applicable domestic legislation.103
223. The amount to be paid to Tomasa Alves-De Lima, the victim’s late mother, shall be
distributed among her heirs, pursuant to the provisions of the applicable domestic
legislation.
224. The State must discharge its pecuniary obligations by tendering United States dollars
or an equivalent amount in the Argentine legal currency, at the New York, USA exchange
rate between both currencies prevailing on the day prior to the day payment is made.
225. If, due to reasons attributable to the beneficiaries of the above compensatory
amounts, they were not able to collect them within the period set for that purpose (supra
paras. 196 and 207), the State shall deposit said amounts in an account held in the
beneficiaries’ name or draw a certificate of deposit from a reputable Argentine financial
institution, in US dollars and under the most favorable financial terms allowed by the
legislation in force and the customary banking practice in Argentina. If after ten years
compensation set herein were still unclaimed, said amounts plus accrued interests shall be
returned to the State.
226. The amounts allocated in this Judgment as compensation and reimbursement of
costs and expenses shall be delivered to the beneficiaries in their entirety in accordance
with the provisions hereof, and may not be affected, reduced, or conditioned on account of
current or future tax purposes.
227. Should the State fall into arrears with its payments, Argentinean banking default
interest rates shall be paid on the amounts due.
228. In accordance with its consistent practice, the Court retains the authority deriving
from its jurisdiction and the provisions of Article 65 of the American Convention, to monitor
full compliance with this Judgment. The instant case will be closed once the State has
complied in full with all the provisions herein. The State shall, within a year, submit to the
Court a report on the measures adopted in compliance with this Judgment.
103
Cf. Case of La Cantuta, supra note 14, para. 247; Case of Vargas-Areco, supra note 14, para. 145, and
Case of Goiburú et al., supra note 15, para. 162.
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