in the same, within a period of one year from the notification of this ruling, without prejudice
to making the complete payment sooner, under the terms of the following paragraphs.
205. In the event that the beneficiaries die before the respective compensations are
delivered, these will be made directly to their heirs, pursuant to the applicable domestic
law.
206. The State shall comply with the pecuniary obligations by paying in United States
dollars, using for the respective calculation the market exchange rate published or
calculated by a relevant banking or financial authority, on the date closest to the date of
payment.
207. If, for reasons attributable to the beneficiaries of the compensation or their heirs, it
is not possible to pay the amounts determined within the indicated period, the State shall
deposit said amounts in their favor in an account or certificate of deposit in a solvent
Ecuadorian financial institution, in United States dollars, and in the most favorable financial
conditions permitted by law and banking practice. If the corresponding compensation is not
claimed after ten years have elapsed, the amounts will be returned to the State with the
interest accrued.
208. The amounts assigned in this Judgment as compensation for pecuniary and nonpecuniary damages and as reimbursement of costs and expenses, must be delivered to the
persons indicated in full, in accordance with the provisions of this Judgment, without
reductions derived from possible taxes or charges.
209. In the event that the State incurs in arrears, it shall pay interest on the amount
owed corresponding to bank interest on arrears in the Republic of Ecuador.
IX
OPERATIVE PARAGRAPHS
210.
Therefore,
THE COURT
DECIDES,
By five votes in favor and one against:
1.
Accept the State's acknowledgment of responsibility, in the terms of paragraphs
18 to 30 of this judgment.
Judge Eugenio Raúl Zaffaroni disagrees.
DECLARES,
By four votes in favor and two against, that:
2.
The State is responsible for the violation of the rights to freedom of expression
and the principle of legality, the right of movement and residence and the right to
work, established in articles 13, 9, 22 and 26 of the American Convention on Human
Rights, in relation to articles 1(1) and 2 of the same instrument, to the detriment of
63
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