304. The State must comply with its pecuniary obligations by payment in United States
dollars. If, for reasons that can be attributed to the beneficiaries of the compensation or to
their heirs, it is not possible to pay the amounts established within the time frame indicated,
the State shall deposit the amount in their favor in an account or a deposit certificate in a
solvent Dominican financial institution, in United States dollars, and in the most favorable
financial conditions permitted by law and banking practice. If, after 10 years, the
compensation has not been claimed, the amounts shall revert to the State with the accrued
interest.
305. The amounts allocated in this judgment as compensation and for reimbursement of
costs and expenses shall be delivered to the persons and organizations indicated in full, as
established in this Judgment, without any deductions arising from possible taxes or charges.
306. If the State falls into arrears, it shall pay interest on the amount owed, corresponding
to banking interest on arrears in the Dominican Republic.
IX
OPERATIVE PARAGRAPHS
307.
Therefore,
THE COURT
DECLARES,
unanimously that:
1.
The State is responsible for the violation of the right to life, recognized in Article 4(1)
of the American Convention on Human Rights, in relation to Article 1(1) thereof, to the
detriment of Jacqueline Maxime, Fritz Alce, Roselene Therméus, Ilfaudia Dorzema, Máximo
Rubén de Jesús Espinal, Pardis Fortilus and Nadege Dorzema, in the terms of paragraphs 83
to 97 of this Judgment.
2.
The State is responsible for the violation of the right to personal integrity, recognized
in Article 5(1) of the American Convention on Human Rights, in relation to Article 1(1)
thereof, to the detriment of Noclair Florvilien, Joseph Desvraine, Sylvie Felizor, Michel
Françoise, Sonide Nora, Rose-Marie Petit-Home, Joseph Pierre, Renaud Tima, Selafoi Pierre,
Josier Maxime, Alphonse Oremis and Honorio Winique, in the terms of paragraph 98 of this
Judgment.
3.
The State is responsible for the violation of the right to personal integrity recognized
in Article 5(1) of the American Convention on Human Rights, in relation to Article 1(1) of this
instrument, to the detriment of Jacqueline Maxime, Fritz Alce, Roselene Therméus, Ilfaudia
Dorzema, Máximo Rubén de Jesús Espinal, Pardis Fortilus and Nadege Dorzema, and their
next of kin, indicated in Annex A to this Judgment, in the terms of paragraphs 99 to 117 of
this Judgment.
4.
The State is responsible for the violation of the right to personal liberty, recognized in
Article 7(1), 7(2), 7(3), 7(4) 7(5) and 7(6) of the American Convention on Human Rights, in
relation to Article 1(1) thereof, to the detriment of Rose-Marie Petit-Homme, Joseph Pierre,
Renaud Tima, Selafoi Pierre, Sylvie Felizor, Roland Israel and Rose Marie Dol, in the terms of
paragraphs 124 to 144 of this Judgment.
77
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