68
calculated on the basis of the exchange rate in effect on the New York Stock
Exchange of the United States of America, on the day prior to the date of payment.
221) Payment of the sum due for non-pecuniary damages as well as the costs and
expenses established in this Judgment cannot be subject to any tax currently in force
or any that may be decreed in the future. In addition, if the State does not pay
within the stipulated period, it shall pay interest on the amount owed, calculated
according to the standard bank rate of interest in Trinidad and Tobago. Finally, if for
any reason the beneficiaries fail to receive their respective payments within a period
of twelve months, the State shall assign those payments in their name to an account
or certificate of deposit in a solvent financial institution, in United States of America
dollars or its equivalent in Trinidad and Tobago dollars, under the most favourable
financial terms permitted by law and banking practice. If the payment is not claimed
after ten years, the amount shall revert, together with the accrued interest, to the
State.
222) In accordance with its practice, the Court reserves the right to supervise due
compliance with the present Judgment. The process will be deemed complete when
the State has fully complied with the present decision.
*
*
*
XV
OPERATIVE PARAGRAPHS
223)
Now therefore,
THE COURT
declares with respect to the merits
unanimously,
1.
that the State violated the right to life enshrined in Article 4(1) and 4(2), in
conjunction with Article 1(1) of the American Convention on Human Rights, for
reasons stated in paragraph 109 of the present Judgment, to the detriment of Haniff
Hilaire, George Constantine, Wenceslaus James, Denny Baptiste, Clarence Charles,
Keiron Thomas, Anthony Garcia, Wilson Prince, Darrin Roger Thomas, Mervyn
Edmund, Samuel Winchester, Martin Reid, Rodney Davis, Gangadeen Tahaloo, Noel
Seepersad, Wayne Matthews, Alfred Frederick, Natasha De Leon, Vijay Mungroo,
Phillip Chotalal, Naresh Boodram, Joey Ramiah, Nigel Mark, Wilberforce Bernard,
Steve Mungroo, Peter Benjamin, Krishendath Seepersad, Allan Phillip, Narine
Sooklal, Amir Mowlah, Mervyn Parris, and Francis Mansingh;
unanimously,
2.
that the State breached its obligation established in Article 2 of the American
Convention on Human Rights for the reasons stated in paragraph 118 of the present
Judgment to the detriment of Haniff Hilaire, George Constantine, Wenceslaus James,
Denny Baptiste, Clarence Charles, Keiron Thomas, Anthony Garcia, Wilson Prince,
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