10
that took place in the instant case. Therefore, the Court requires the State to adopt
such measures as may be necessary to ensure prompt compliance with this obligation
and to allow the beneficiaries to participate in the coordination of the ceremony.
*
*
*
34.
That, with regard to the obligation of the State to pay the unpaid balance of the
amounts awarded for pecuniary and non-pecuniary damages as well as for costs and
expenses (sixth, seventh, and eighth operative paragraphs of the Judgment), the State
informed the Court that, on July 11, 2008, the last outstanding payment was made to
26 beneficiaries. In addition, the State pointed out that since beneficiary Nixon Roberto
Rivas Mansilla passed away in 2007, the payment “was made to his mother, Rosa
Everilda Mansilla Pineda, as his legitimate heir.” Therefore, the State considers that it
“has fully paid […] the amount of monetary damages awarded by the Court in favor of
the beneficiaries.”20
35.
The representatives stated that they agreed that the State “has fully complied
with this obligation, except for the payment made to Rosa Mansilla.” They claimed that
they “[have] not been able to contact her […] to confirm the information provided [by
the State].”
36.
That the Commission appreciated the steps taken by the State and that it
awaited information about the payment made to Mrs. Mansilla Pineda.
37.
That, the record before the Court shows that, on November 10, 2008, Mrs.
Mansilla Pineda received the amount of GTQ 154,487.36 (one hundred fifty-four
thousand, four hundred eighty-seven and 36 quetzales) as the “third and last
payment, plus interest on the amounts of the second and third payments, awarded in
the [J]udgment for pecuniary and non-pecuniary damage.” Furthermore, the
abovementioned person considered “to have been fully compensated in relation to
monetary damages.”21
38.
That, based on the foregoing, the Court finds that the State has fully complied
with operative paragraphs six, seven and eight of the Judgment.
THEREFORE,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by virtue of its authority to monitor compliance with its own decisions pursuant to
Articles 33, 62(1), 62(3), 67 and 68(1) of the American Convention on Human Rights,
and Article 25(1) of the Statute and 63(4) of the Rules of Procedure of the Court,
20
Payment receipt signed by Rosa Everilda Mansilla Pineda (record of compliance monitoring
proceeding, Volume II, pages 776 to 778).
21
Record of full compliance with the Judgment on pecuniary and non-pecuniary reparations signed by
Rosa Everilda Mansilla Pineda before a notary public on November 10, 2008 (record of compliance
monitoring proceeding, Volume II, pages 776 to 778).