evidence to the fact that it is supposed to represent and that, in the case of alleged financial
disbursements, the items and their justification must be clearly established.127
152. Taking into account the arguments and observations of the parties, as well as the
fact that, in this case, Mr. Fleury and his family have been represented by a university law
clinic that acted pro bono, the Court determines, in equity, that the State must deliver the
sum of US$1,500.00 (one thousand five hundred United States dollars) to Mr. Fleury for
costs and expenses. This amount must be paid within one year of notification of this
judgment. Lysias Fleury will then deliver the amount he considers appropriate to those who
represented him before the inter-American system. The Court also specifies that, during the
procedure of monitoring compliance with this judgment, it may decide that the State must
reimburse the victim or his representatives the reasonable expenses incurred at that
procedural stage.
F.
Method of compliance with the payments ordered
153. The State must pay the compensation for pecuniary and non-pecuniary damage,
costs and expenses to Lysias Fleury and his family, namely: his wife Rose Benoit Fleury,
their daughters Rose M. and Flemingkov Fleury, and their son Heulingher Fleury, as
applicable, within one year of notification of the judgment, in accordance with the following
paragraphs.
154. The State must comply with its obligations by payment in United States dollars or
the equivalent amount in Haitian currency, using the exchange rate between the two
currencies in force on the New York, United States, market the day before the payment to
make the respective calculation.
155. If, for reasons that can be attributed to the beneficiaries of the compensation, it is
not possible for them to receive it within the time indicated, the State must deposit the
amounts in their favor in an account or deposit certificate in a Haitian financial institution in
United States dollars and in the most favorable financial conditions permitted by law and
banking practice in Haiti. If, after 10 years, the compensation has not been claimed, the
amounts shall revert to the State with the accrued interest.
156. The amounts allocated in this judgment as compensation and reimbursement of
costs and expenses must be delivered to the persons indicated integrally as established in
this judgment, without any deduction arising from possible taxes or charges.
157. If the State should fall into arrears, it must pay interest on the amount owed,
corresponding to bank interest on arrears in Haiti.
IX
OPERATIVE PARAGRAPHS
158.
Therefore,
THE COURT
127
Cf. Case of Chaparro Álvarez and Lapo Iñiquez v. Ecuador, supra note 35, para. 277, and Case of Torres
Millacura et al. v. Argentina, supra note 17, para. 197.
40
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