101
.
considers it appropriate to issue as a guarantee of non-repetition that the State adopt the
measures necessary to avoid illegal restrictions and direct or indirect hindrances on the
exercise of the freedom to seek, receive, and impart information of the alleged victims.
*
*
*
407. As stated by this Court on previous opportunities, the costs and expenses are
included within the concept of reparation enshrined in Article 63(1) of the American
Convention.371
408. The Inter-American Commission asked the Tribunal to, once it had heard the victims’
representatives, order the State to pay the costs and legal expenses incurred in during the
processing of the case, both at a national level and before the Inter-American system. In
their brief of pleadings and motions, the representatives asked the Court to order the State
to pay the expenses related to the processing of the present case before the domestic and
international instances during the 2001-2007 period and they stated that these expenses
had “affected the budget and assets of RCTV and therefore the budget and assets of its
shareholders.”
409. Taking into account the previous considerations and the evidence provided, the Court
determines in equity that the State shall pay the amount of US$ 10.000,00 (ten thousand
dollars of the United States of America) in the concept of costs and expenses.
410. The reimbursement of costs and expenses established in the present judgment will
be made directly to the victims or the person appointed by them so it may cover the
appropriate amount to those who offered legal assistance, pursuant with the assessment
made by the victims or their representative or pursuant with the agreement reached
between them and their legal assistants, within a six-month term computed as of the
notification of the present judgment.
411. If, for reasons attributable to the beneficiaries it is not possible for them to receive
the reimbursement of costs and expenses within the indicated period, the State shall
deposit the amount in favor of the beneficiary in an account or a deposit certificate in a
solvent Venezuelan financial institution and in the most favorable financial conditions
permitted by law and banking practice. If, after ten years, the amount assigned to costs and
expenses has not been claimed, it shall revert to the State with the accrued interest.
412. The State shall comply with the monetary obligations through payment in dollars of
the United States of America or in an equal amount in the Venezuelan currency (supra para.
396), using for its corresponding calculation the exchange rate between both currencies
valid in the plaza of New York, United States of America, the day before the payment.
413. Thos amounts may not be affected or conditioned for current or future tax reasons.
Therefore, it must be delivered to the beneficiaries integrally as established in this
judgment.
414. If the State falls into arrears, it shall pay interest on the amount owed,
corresponding to banking interest on arrears in Venezuela.
415. In keeping with its consistent practice, the Court reserves the right inherent in its
attributes and derived from Article 65 of the American Convention to monitor compliance
371
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and Costs, supra note 368, para. 82; Case of
Valle Jaramillo et al. v. Colombia, supra note 29, para. 243; and Case of Ticona Estrada v. Bolivia, supra note 48,
para. 177.