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international jurisdiction for the protection of human rights. This assessment may be
based on the principle of equity, taking into consideration the expenses indicated by
the parties, provided the quantum is reasonable.338 In this case, the Court takes into
account the symbolic nature of the case and the difficulties described in the search to
obtain justice at the domestic level.
259. Based on the foregoing findings and on the body of evidence, the Court
determines, in equity, that the State must deliver the sum of US$35,000.00 (thirty-five
thousand United States dollars) to Iván Cepeda Castro, so that he may deliver this to
the corresponding representatives for the costs and expenses incurred before the
Commission and the Court. This sum includes any future expenses that the victims
may incur during the monitoring of compliance with this judgment. If the
representatives and the victims have agreed on a specific sum for the litigation, this
must be attributed to the amount established for costs and expenses.
D.4
Method of complying with the payments ordered
260. The payment of the compensation for pecuniary and non-pecuniary damage and
reimbursement of costs and expenses established in this judgment shall be made
directly to those indicated in the judgment, within one year of its notification, in
accordance with the provisions of paragraphs 247 to 253 and 259 herein. Should any
of the victims die before payment of the respective amounts, these shall be delivered
to their heirs, according to the applicable domestic laws.
261. The State must comply with its pecuniary obligations by payment in United
States dollars or the equivalent amount in national currency, using the exchange rate
in force on the New York market the day before payment to make the respective
calculation
262. If, for reasons that can be attributed to the beneficiaries of the compensation or
to their heirs, it is not possible to pay the amounts established within the time frame
indicated, the State shall deposit the amount in their favor in an account or a deposit
certificate in a solvent Colombian banking institute in United States dollars and in the
most favorable financial conditions permitted by law and banking practice. If, after 10
years, the compensation has not been claimed, the amounts shall revert to the State
with the accrued interest.
263. The amounts allocated in this judgment as compensation for pecuniary and
non-pecuniary damage and for reimbursement of costs and expenses must be
delivered to the victims integrally, as established in this judgment, and may not be
affected or conditioned by current or future taxes or charges.
264. If the State falls into arrears, it shall pay interest on the amount owed,
corresponding to banking interest on arrears in Colombia.
338
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs, supra note 338, para. 82; Case of
the Dos Erres Massacre v. Guatemala, supra note 57, para. 300, and Case of Radilla Pacheco v. Mexico, supra note
24, para. 381.
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