solvent Paraguayan financial institution, in United States dollars, and in the most favorable
financial conditions allowed by banking practice and law. If the corresponding compensation
is not claimed, when ten years have passed the sums shall be returned to the State with the
interest accrued.
254. The sums allocated in this judgment as a measure of restitution, compensation for
pecuniary and non-pecuniary damage, and to reimburse costs and expenses shall be delivered
to the persons indicated in full, as established in this judgment, without any deductions derived
from possible taxes or charges.
255. If the State should incur in arrears, including in the reimbursement of expenses to the
Victims’ Legal Assistance Fund, it shall pay interest on the amount owed corresponding to
banking interest on arrears in the Republic of Paraguay.
IX
OPERATIVE PARAGRAPHS
256. Therefore,
THE COURT
DECLARES,
unanimously, that:
1.
The State is responsible for the violation of judicial independence recognized in Article
8(1) of the American Convention on Human Rights, in relation to the obligations to respect
and to ensure rights established in Article 1(1) of this instrument, to the detriment of Bonifacio
Ríos Ávalos and Carlos Fernández Gadea, pursuant to paragraphs 110 to 133 and 141 of this
judgment.
2.
The State is responsible for the violation of the right to judicial protection recognized
in Article 25(2)(c) of the American Convention on Human Rights, in relation to judicial
independence established in Article 8(1) and the obligations to respect and to ensure rights
established in Article 1(1), both of this instrument, to the detriment of Bonifacio Ríos Ávalos
and Carlos Fernández Gadea, pursuant to paragraphs 148 to 165 and 177 of this judgment.
3.
The State is responsible for the violation of the guarantee of a reasonable time
recognized in Article 8(1) of the American Convention on Human Rights, in relation to the
obligations to respect and to ensure rights established in Article 1(1) of this instrument, to the
detriment of Bonifacio Ríos Ávalos and Carlos Fernández Gadea, pursuant to paragraphs 166
to 177 of this judgment.
AND ESTABLISHES:
Unanimously, that:
4.
This judgment constitutes, per se, a form of reparation.
5.
The State shall make the publications indicated in paragraph 190 of this judgment.
6.
The State shall proceed to regularize the retirement regime of Bonifacio Ríos Ávalos and
Carlos Fernández Gadea as established in paragraph 212 of this judgment.
58
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