to its date of payment, or of the total amount owed after the payment of a respective
tract.
31. The representatives considered that the answers to the questions posed by the
State regarding the calculation of readjustments and interest, arrears and possible
difficulties in paying the amounts owed to the deceased victims should be based on the
interpretation that is most in line with the Judgment itself, with respect to ensuring
payment through a regulated and progressive mechanism over time, so as to ensure full
and timely compliance. Regarding the calculation of readjustments and interest, they
indicated that paragraph 232 is clear in stating that these must be applied between July
31, 2020 and the date on which payment is actually made. They specified that, if the
amounts of the restitution measure are paid in three installments, in order not to harm
the victims, the calculation of adjustments and interest should be applied until the date
of the actual payment of each installment. With respect to the determination of arrears,
they indicated that, according to domestic law, this will occur when the State does not
comply with the obligation to pay within the stipulated term. Regarding the payment of
the amounts owed to the deceased victims and their heirs, and in view of possible
difficulties in determining their beneficiaries, they noted that paragraph 236 solved the
problem directly, requiring the State, in case it is not possible to make the payment
within the period stipulated for compliance, to deposit the amounts in an account or
deposit certificate in a sound financial institution.
32. 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.
C.2. Considerations of the Court
33. The State requested that the modalities for calculating interest, readjustment, and
interest on arrears with respect to the amounts owed to the victims for restitution be
clarified. In this regard, the Judgment established:
209. In consequence, the Court orders the State to pay the amounts still owed,
directly to the victims whose names are listed in Annex 1 or to their successors as
defined by applicable domestic law, according to the amounts listed in Annex 2, in
keeping with the financial report, “Current estimate of amounts outstanding for failure
to comply with judicial findings delivered in the case of the teachers by the courts of
Chañaral, Vallenar, Parral, Cauquenes and Chanco.” The amounts ordered for each
victim should be updated at the time they are disbursed, based on the readjustment
of the CPI determined by the National Bureau of Statistics between July 31, 2020 and
the time payment is actually made, and the maximum interest rate allowed for
readjustable operations as of that same date, according to the provisions of Article
63 of the Labor Code (supra para. 207), within the period set for that purpose (infra
para. 232).
[...]
232. The payment of the amounts granted by this judgment as restitution must be
disbursed directly to the people whose names are listed in Annex 1 in three annual
installments, the first to be paid within one year of notification of this judgment. The
amounts of these installments should be calculated on the basis of the amounts given
in Annex 2, to be updated to the date of payment according to the readjusted CPI
calculated by the National Bureau of Statistics from July 31, 2020 through the time
when payment is actually made, and the maximum allowable interest rate for
readjustable operations as of that same date, based on the provisions of Article 63 of
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