105
241. The Court considers that the State should adopt immediately the necessary
measures to adapt the detention conditions in the Yanamayo Prison to international
standards and transfer any other prisoners who cannot be confined at the altitude of
this prison owing to their health. In this regard, the State shall provide reports to
this Court every six months on this adaptation, which shall be carried out within one
year from notification of this judgment.
*
*
*
242. With regard to expenses and costs, this Court must assess the amount
prudently; they include those arising from the actions taken by the alleged victim’s
representatives in the domestic proceedings and before the inter-American system
for the protection of human rights. Taking into account that the representatives have
not submitted vouchers, this assessment must be made on the basis of principles of
fairness.282
243. To this end, the Court considers that it is fair to order the payment of
US$30,000.00 (thirty thousand United States dollars), to be given to Mark and
Rhoda Berenson, for costs and expenses in the domestic proceedings and in the
proceedings before the inter-American system for the protection of human rights.
*
*
*
244. The State shall comply with its obligations by payment in United States
dollars or an equivalent amount in Peruvian currency, using the rate of exchange
between the two currencies in force on the market in New York, United States of
America, the day before payment, to make the respective calculation.
245. The payment for costs and expenses established in this judgment shall not be
subject to any current or future tax or charge. The State shall comply with the
measures of reparation and the reimbursement of expenses ordered (supra paras.
238, 239 and 243) within six months of notification of this judgment, except with
regard to the Yanamayo Prison, where the measures should be complied with
according to the provisions of paragraph 241 of this judgment. Should the State fall
in arrears, it shall pay interest on the amount owed, corresponding to bank interest
on arrears in Peru.
246. If, due to causes that can be attributed to the beneficiaries of the payment of
costs and expenses, they are unable to receive this within the said period of six
months, the State shall deposit such amount in their favor in an account or a deposit
certificate in a reputable Peruvian banking institution, in United States dollars or the
equivalent in Peruvian currency, in the most favorable conditions permitted by
legislation and banking practice. If, after ten years, the compensation has not been
claimed, the sum shall be returned to the State, with the interest earned.
247. According to its consistent practice, the Court reserves the right, inherent in
its competence, to monitor full compliance with this judgment. The case shall be filed
when the State has fully implemented all the provisions of this judgment. Within one
282
Cf. Case of Tibi, supra note 3, para. 268; Case of the “Juvenile Reeducation Institute”, supra note
3, para. 328; and Case of Ricardo Canese, supra note 3, para. 212.
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