to the application of late payment interest to the amounts due for restitution, it is interpreted
that such interest is already included in the form of calculation established for the payment,
pursuant to article 63 of the Labor Code, and must be applied to the readjusted amounts
still due until the time of actual payment. Finally, with respect to the request for
interpretation on the calculation of interest in cases where the heirs of any of the
beneficiaries are not determined or, even if they are determined, the inheritance
proceedings have not been carried out, it is declared inadmissible.
D.
On the procedure for the search for heirs in respect of beneficiaries
who die or have died in the course of the enforcement of the
Judgment
D.1. Arguments of the parties and the Commission
40. The State requested clarification as to whether the notice mechanism indicated in
paragraph 234 of the Judgment to resolve the situation of the three cases of deceased
victims whose heirs could not be determined could be used to determine the beneficiaries
who eventually die during the time of execution of the Judgment.
41. The representatives argued that, given the large number of victims of senior age,
and their gradual death, the determination of their present and future heirs, based on
the domestic legal system, requires additional measures of care and protection for the
beneficiary victims and their heirs, so as to protect their wishes of transcendence and
legacy. Thus, they considered that the proposal to use the mechanism provided for in
the paragraph for other victims, who have a legal representative with sufficient power
of attorney, "makes no sense and exposes the heirs of the victims to unnecessary
publicity", since there are mechanisms in the domestic legal system that allow for the
identification of a person's heirs.
42. The Commission noted that clarifying the points raised by the State can facilitate
the process of monitoring compliance with the judgment and expedite compliance with
the reparation measures, which is extremely important in the instant case given the
advanced age of the victims. However, it did not refer to the points raised in the requests
for interpretation.
D.2. Considerations of the Court
43.
Paragraph 234 of the Judgment establishes the following:
234. If beneficiaries have passed away or should pass away prior to the payment of
their due compensation, the money shall be delivered directly to their heirs under the
terms of applicable domestic legislation. This Court acknowledges that the
representatives have no information about the heirs of victims María Graciela
Cisternas Cisternas, María Apolina Lara Pereira and Heriberto Antonio Martínez
Salazar. The Court deems, in this regard, that in order to determine these peoples’
heirs, the State must run a notice in at least three editions of the Official Gazette,
over the course of six months, calling on the next of kin of these individuals to report
with the necessary information and informing them of the procedure to be followed
for these purposes.
44. The State asked whether the mechanism established in this paragraph could be used
to determine the beneficiaries of the victims who die during the execution stage of the
Judgment. In this regard, this Court reiterates that the parties must read the Judgment as
a whole and not consider each paragraph of the Judgment as if it were independent of the
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