103
269. The payment of the compensation for pecuniary and non-pecuniary damage
established in this judgment shall be delivered to YATAMA, which shall distribute it as
appropriate (supra para. 248).
270. The payment corresponding to the reimbursement of the costs arising from the
measures taken by YATAMA, CENIDH and CEJIL in the domestic proceeding and before
the inter-American system for the protection of human rights shall be made in favor of
YATAMA, as established in paragraph 265 of this judgment.
271. The amounts allocated in this judgment under the headings of compensation for
pecuniary and non-pecuniary damage and for the reimbursement of costs and
expenses may not be affected or conditioned by current or future taxes or charges.
Consequently, they shall be delivered to YATAMA integrally, as established in this
judgment.
272. If, for reasons attributable to YATAMA, it is unable to receive these amounts
within the period of one year, the State shall deposit the amounts in favor of this
organization in an account or a deposit certificate in a solvent Nicaraguan banking
institute, in United States dollars or the equivalent in Nicaraguan currency, and in the
most favorable financial conditions permitted by law and banking practice in Nicaragua.
If, after 10 years, the compensation has not been claimed, the amount shall revert to
the State with the accrued interest.
273. If the State falls into arrears, it shall pay interest on the amount owed,
corresponding to banking interest on arrears in Nicaragua.
274. In accordance with its consistent practice, the Court reserves the right, inherent
in its attributes and also deriving from Article 65 of the American Convention, to
monitor compliance with all the terms of this judgment. The case will be closed when
the State has fully complied with the terms of this judgment. Within one year from
notification of the judgment, Nicaragua shall provide the Court with a report on the
measures adopted to comply with the judgment.
XII
OPERATIVE PARAGRAPHS
275.
Therefore,
THE COURT,
DECIDES,
Unanimously, that
1.
It rejects the five preliminary objections filed by the State, in accordance with
paragraphs 63 to 67, 71 to 73, 82 to 96 and 100 to 103 of this judgment.
DECLARES:
By seven votes to one, that
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