467. The Court considers that the delivery of this Judgment and the reparations ordered in
this chapter are sufficient and adequate to remedy the violations declared and does not find it
admissible to order additional measures.441
F)
Reimbursement of the expenses of the Victims’ Legal Assistance Fund
468. Both CEJIL and the FIDH presented, in representation of three of the presumed victims,
requests for support from the Victims’ Legal Assistance Fund of the Court to cover certain
expenses relating to the presentation of evidence. In Orders of the President of the Court of
May 18, 2012, and of April 30, 2013 (supra paras. 10 and 13), and a decision of May 24, 2013,
the financial assistance of the Fund was authorized to cover the necessary travel and
accommodation expenses for presumed victims Víctor Manuel Ancalaf Llaupe and Florencio
Jaime Marileo Saravia, witness Juan Pichún Collonao and expert witness Jorge Andrés Contesse
Singh to appear before the Court to testify at the public hearing.442
469. The State was given the opportunity to present its observations on the disbursements
made in this case, which amounted to US$7,652.88 (seven thousand six hundred and fifty-two
United States dollars and eighty-eight cents). Chile did not present observations in this regard.
In application of article 5 of the Rules for the Operation of the Fund, it is for the Court to
evaluate the admissibility of ordering the defendant State to reimburse the Legal Assistance
Fund for any disbursements made.
470. Based on the violations declared in this Judgment, the Court orders the State to
reimburse this Fund the sum of US$7,652.88 (seven thousand six hundred and fifty-two United
States dollars and eighty-eight cents) for the expenditure incurred. This amount must be
reimbursed to the Inter-American Court within ninety days of notification of this Judgment.
G)
Method of complying with the payments
471. The State must pay the compensation for pecuniary and non-pecuniary damage and to
reimburse costs and expenses established in this Judgment directly to the persons or
organizations indicated herein, within one year of notification of this Judgment, in accordance
with the following paragraphs. If any of the beneficiaries of the compensation are deceased (as
in the case of the victim Pascual Huentequeo Pichún Paillalao) or die before they receive the
respective compensation, this shall be delivered directly to their heirs, pursuant to the
applicable domestic law.
472. The State must comply with the monetary obligations by payment in United States
dollars or the equivalent in Chilean pesos, using the exchange rate between the two currencies
in force on the New York Stock Exchange (United States of America) the day before the
payment to make the respective calculation.
473. If, for reasons that can be attributed to the beneficiaries of the compensation or their
heirs it is not possible to payment the specified amounts within the indicated time frame, the
State shall deposit these amounts in their favor in an account or a certificate of deposit in a
solvent Chilean financial institution, in United States dollars, and in the most favorable
conditions allowed by banking law and practice. If, after ten years, the sum allocated has not
been claimed, it shall be returned to the State with the interest accrued.
441
Cf. Case of Radilla Pacheco v. Mexico, para. 359, and Case of Gutiérrez and family v. Argentina. Merits, reparations
and costs. Judgment of November 25, 2013. Series C No. 271, para. 198.
442
In addition, the President ex officio approved assistance for the reasonable expenses entailed by providing the
statements of the presumed victims Segundo Aniceto Norín Catrimán and Patricia Roxana Troncoso Robles by affidavit. The
representative of these victims did not provide the Court with any voucher for expenses incurred in the preparation of these
statements.
151
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents