60
245. The reimbursement of costs and expenses established in this judgment shall be
made directly to Mr. Castañeda Gutman, within six months of notification of the judgment.
246. If, for reasons attributable to Mr. Castañeda Gutman, he is unable to receive the
reimbursement of costs and expenses within the time indicated, the State shall deposit the
amount in favor of the victim in an account or a deposit certificate in a solvent Mexican
banking institute, in the most favorable financial conditions permitted by law and banking
practice. If, after 10 years, the amount allocated for costs and expenses has not been
claimed, the amount shall revert to the State with the accrued interest.
247. The State shall comply with its pecuniary obligations by payment in United States
dollars or the equivalent in Mexican currency, using the exchange rate in force on the New
York market, United States of America, the day before the payment to make the calculation.
248. The amount allocated in this judgment for reimbursement of costs and expenses
may not be affected or conditioned by current or future taxes or charges. Consequently, it
shall be delivered to the victim integrally, as established in this judgment.
249. If the State falls into arrears, it shall pay interest on the amount owed,
corresponding to banking interest on arrears in Mexico.
250. In accordance with its consistent practice, the Court reserves the right, inherent in
its attributes and also deriving from Article 65 of the American Convention, 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 this judgment. Within one year from notification of the
judgment, the State shall provide the Court with a report on the measures adopted to
comply with the judgment.
X
OPERATIVE PARAGRAPHS
251.
Therefore,
THE COURT
DECIDES,
unanimously:
1.
To reject the preliminary objections filed by the State in the terms of paragraphs 15
to 67 of this judgment.
DECLARES,
unanimously, that:
2.
The State violated, to the detriment of Jorge Castañeda Gutman, the right to judicial
protection embodied in Article 25 of the American Convention on Human Rights, in relation
to Articles 1(1) and 2 thereof, in the terms of paragraphs 77 to 133 of this judgment.
3.
The State did not violate, to the detriment of Jorge Castañeda Gutman, the political
right to be elected recognized in Article 23(1)(b) of the American Convention on Human
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