90
dollars) or its equivalent in Costa Rican currency, as compensation for non-pecuniary
damages.
*
*
*
201. As for the reimbursement of expenses, it is for the Court to prudently assess
their scope, which must include any expenses generated by the victim’s
representative in litigating the case before the inter-American system for the
protection of human rights. This assessment must be done on the basis of the
principle of equity. 128
202. To that end, the Court deems that the State must pay Mr. Mauricio Herrera
Ulloa the sum of US$10,000.00 (ten thousand United States dollars) or the
equivalent in Costa Rican currency, to defray the expenses of litigating his defense
before the inter-American system for the protection of human rights.
*
*
*
203. The State must fulfill its pecuniary obligations by means of a payment in
United States dollars or in an equivalent amount in Costa Rican currency, using for
the respective calculation the exchange rate between both currencies at the New
York exchange the day before the payment.
204. The payments for non-pecuniary damages and expenses established in the
present Judgment shall not be subject to any existing or future tax or levy. The
State shall comply with the measures of reparation and with the reimbursement of
expenses ordered (supra paragraphs 195, 200 and 202) within six months of the
date of notification of the present Judgment. The State must comply with the other
reparation ordered (supra para. 198) within a reasonable period of time. Should the
State fall into arrears, it shall pay interest on the amount owed, which will be the
banking arrearage interest rate in effect in Costa Rica.
205. If for any reason attributable to the beneficiary of the compensation, he is
unable to receive it within the stipulated six-month period, the State shall deposit
the respective amount in favor of said beneficiary in an account or certificate of
deposit, at a sound financial institution, in United States dollars or their equivalent in
Costa Rican currency, under the most favorable financial terms allowed by banking
practice and law. If after ten years the payment has not been claimed, the amount
will be returned to the State, with the interest earned.
206. In keeping with its usual practice, the Court will oversee compliance with this
Judgment and will declare the case closed once the State has fully complied with it.
Within six months of the date of notification of this Judgment, the State shall submit
a report to the Court on the measures adopted to comply with this Judgment.
XIV
OPERATIVE PARAGRAPHS
128
Cf. Case of Maritza Urrutia, supra note 7, para. 182; Case of Myrna Mack-Chang, supra note 7,
para. 290; and Case of Bulacio, supra note 7, para. 150.
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