11
43. Since the Government already has the required authorization to pay, as it has
informed the Court, it must now immediately proceed to deliver to the beneficiaries
of the compensation and the trust the amount fixed in Decree Numbert 59-90,
applying it, as is customary practice, first to the above-mentioned compensation and
to the interest, and subsequently to the capital. Any shortages of capital remaining
after this payment shall be subject to the provisions of paragraph 42, supra, until
fully paid.
44. It follows, from all that has been said above, that there are two specific issues
that the Court must rule on, namely:
1.
The interpretation of the meaning, scope and purpose of the expression under
the most favorable conditions permitted by Honduran banking practice, utilized in
paragraph 58 of the Judgment of July 21, 1989; and
2.
The measures the Court must adopt in exercising the power it assumed under
paragraph 5 of the operative part of that same judgment, that is, the supervision of
the indemnification ordered until full payment is made.
THEREFORE,
THE COURT,
DECIDES:
unanimously
1. To declare admissible the request for interpretation of the Judgment of July 21,
1989, presented by the Inter-American Commission on Human Rights on October 2,
1989.
unanimously
2. To declare inadmissible the request for amplification of the petition for clarification
of the judgment presented by the Inter-American Commission on Human Rights on
July 6, 1990.
unanimously
3. To declare that the expression under the most favorable conditions permitted by
Honduran banking practice must be interpreted in the manner stated in paragraph
31, supra.
unanimously
4. In the exercise of its power to supervise compliance with its Judgment of July 21,
1989, that the Government of Honduras must compensate the injured parties for the
delays in the payment of damages and in setting up the trust as ordered, under the
conditions stipulated in paragraphs 40, 42 and 43, supra.