the Labor code (supra para. 207). After the State works out the individual amounts
to be paid to each person, it must so notify the beneficiaries and their representatives
as soon as possible.
34. With regard to the determination of readjustment and interest, this Court considers
that it is clear from paragraph 232 that they must be calculated between July 31, 2020 and
the time when the payment is actually made. Thus, if the State decides to make payment
in three installments, as defined above (paras. 16 to 20), it is clear that the readjustment
and interest must be calculated on the sums still due, taking as a starting point July 31,
2020, and up to the effective date of payment, namely December 21, 2022; December 21,
2023, and December 21, 2024.
35. Regarding the application of late payment penalties in case of payments of sums due
for restitution and the calculation of default interest, paragraph 238 of the Judgment
establishes in general terms that, "[i]f the State should fall behind on payments, it must pay
interest on the amounts owed, based on overdue interest rates in effect for banks the
Republic of Chile".
36. On this point, this Court considers it pertinent to clarify that, as noted above, in order
to calculate and update the amounts owed to the victims or their successors as restitution,
the correction based on the Consumer Price Index (CPI) determined by the National Institute
of Statistics must be taken into account. Likewise, with respect to these readjusted amounts,
they shall accrue the maximum interest allowed for readjustable operations, until the time
of actual payment. Thus, the calculation of these amounts already considers interest on
arrears, which will continue to be applied to the readjusted amounts until such time as the
State actually pays the full amounts still owed to the victims or their heirs. Consequently,
the application of interest established in paragraph 238 only concerns the payment of
compensation for non-pecuniary damage and the reimbursement of costs and expenses.
37. Finally, with respect to the question as to how the calculation of interest would apply
in cases in which the heirs of any of the beneficiaries are not determined or, even if they
are determined, the inheritance proceedings have not been carried out, this Court
reiterates that it is necessary for the parties to read the Judgment in its entirety. In the
event that the beneficiaries cannot be determined or that the corresponding inheritance
proceedings have not been carried out, paragraph 236 of the Judgment applies, which
clearly establishes that:
236. If for causes attributable to the beneficiaries of the compensation or their heirs
it should prove impossible to pay the amounts established within the required term,
the State shall deposit the amount in their names into accounts or certificates of
deposit in a sound Chilean financial institution, in United States dollars, under the
most favorable financial conditions allowed by law and by banking practice. If the
compensation has not been claimed after ten years, the money shall revert to the
State with interest.
38. Thus, this Court concludes that the State's request regarding the interpretation of how
the calculation of interest would operate in cases in which the heirs of any of the
beneficiaries are not determined or, even if they are determined, the inheritance
proceedings have not been carried out, is inadmissible.
39. In conclusion, this Court clarifies that, if the State decides to pay the amounts due for
restitution in three installments, the adjustment and interest must be calculated on the sums
owed, taking July 31, 2020 as the starting point until the effective date of payment, namely,
December 21, 2022, December 21, 2023, and December 21, 2024. Likewise, with respect
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