72
into account the circumstances of the specific case and the nature of the
international jurisdiction for the protection of human rights. This assessment should
be based on the principle of fairness and by evaluating the expenses indicated by the
parties, providing the quantum is reasonable
178. The Court takes into account that the victim acted through representatives
before both the Commission and the Court. Accordingly, the Court considers it fair to
order the payment of the total sum of US$30,000.00 (thirty thousand United States
dollars), to be delivered to María Teresa De La Cruz Flores to cover the costs and
expenses incurred by her representative, the lawyer, Carolina Loayza Tamayo, in the
domestic proceedings and in the international proceeding before the inter-American
system for the protection of human rights.
XI
MEANS OF COMPLIANCE
179. To comply with the judgment, the State shall pay the compensation (supra
paras. 152 to 154, 161 and 163), reimburse the costs and expenses (supra para.
178) and adopt the measures ordered in paragraphs 168 to 171 and 173, within one
year of the notification of this judgment.
180. The payment of the compensation established in favor of the victim or her
next of kin, as applicable, shall be made directly to them. If any of them have died,
the payment shall be made to their heirs.
181. The payments to reimburse the costs and expenses arising from the
measures taken by the victim’s representatives in the domestic proceedings and in
the international proceedings before the inter-American system for the protection of
human rights, shall be made in favor of the victim, María Teresa De La Cruz Flores
(supra para. 178).
182. If, due to causes that can be attributed to the beneficiaries of the
compensation, they are unable to receive it within the said period of one year, the
State shall deposit such amounts in their favor in an account or a deposit certificate
in a reputable Peruvian banking institution, in United States dollars or the equivalent
in Peruvian currency and in the most favorable financial conditions allowed by
legislation and banking practice. If, after ten years, the compensation has not been
claimed, the sums shall be returned to the State, with the interest earned.
183. In the case of the compensation ordered in favor of the minor, Danilo Alfredo
Blanco De La Cruz, the State shall deposit it in a reputable Peruvian institution, in
United States dollars or in the national currency, at the choice of the minor’s legal
representative. The investment shall be made within one year, in the most favorable
financial conditions allowed by legislation and banking practice, while he remains a
minor. The beneficiary may only withdraw it when he attains his majority, or when,
in the best interests of the child and at the decision of a competent judicial authority,
it is so ordered. If, ten years after the minor has attained his majority, this
compensation has not been claimed, the sum shall be returned to the State, with the
interest earned.
184. The State may comply with its obligations by payment in United States dollars
or the equivalent amount in Peruvian currency, using the rate of exchange between
the two currencies in force on the market in New York, United States, the day before
the payment, to make the respective calculation.
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