7.
The Court observes that, despite the State’s willingness, it has not been possible
to pay the compensation ordered in the Judgment in favor of Julio Sánchez (supra
considering paragraph 4). The Court recalls that the Judgment decided that “if, for any
reason, it is not possible for the beneficiaries to receive the respective payments within
twelve months, the State must deposit the corresponding amounts in favor of these
beneficiaries in an account or certificate of deposit, in a solvent financial institution, in
United States dollars or the equivalent in Honduran lempiras, in the most favorable
financial conditions permitted by banking practice and law. If, after ten years, the
payment has not been claimed, the amount shall be returned to the State with the
interest accrued.” 3
8.
However, this Court takes notes of the impossibility of making the bank deposit in
the terms established in the Judgment, according to the information provided by the
State that was not contested by the representatives, and also that the parties and the
Commission agree that the said payment be made to the sole heir of Julio Sánchez, María
Dominga Sánchez, through COFADEH, owing to these circumstances (supra considering
paragraphs 4, 5 and 6).
9.
Consequently, taking into account the agreement between the parties and the
opinion of the Inter-American Commission (supra considering paragraphs 4, 5 and 6), the
Court finds it pertinent, in this case, that the State pay the compensation corresponding
to Julio Sánchez to María Dominga Sánchez, through the representatives, COFADEH, in
order to facilitate compliance with subparagraph (h) of the ninth operative paragraph of
the Judgment. Thus, this Court requires that, by December 1, 2013, at the latest, the
State deposit in the COFADEH bank account the sum of US$5,000 (five thousand United
States dollars) or the equivalent in Honduran lempiras, using the exchange rate between
the two currencies in force on the New York Stock market, United States of America, the
day before the payment. 4 For its part, COFADEH must deliver the said payment, within
15 days of its deposit, to María Dominga Sánchez and advise the Court promptly that the
payment has been delivered.
10.
Lastly, the Court finds it pertinent to indicate that it appreciates the effort made
by the State in order to make progress in complying with the Judgment, which is
revealed by its willingness to make the payment corresponding to Julio Sánchez.
Pursuant to its authority under the Convention and the Rules of Procedure, the Court will
continue the procedure of monitoring compliance with the Judgment in the terms
established in considering paragraphs 2 and 9.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its decisions under Articles 33,
62(1), 62(3) and 68(1) of the American Convention on Human Rights, 30 of its Statute
and 31 and 69 of its Rules of Procedure,
DECIDES THAT:
1.
The Republic of Honduras must pay the compensation corresponding to the heir of
Julio Sánchez through the representatives, COFADEH, in the terms of considering
paragraph 9 of this Order.
3
Case of Juan Humberto Sánchez v. Honduras. Preliminary objection, merits, reparations and costs.
Judgment of June 7, 2003. Series C No. 99, para. 198.
4
Cf. Case of Juan Humberto Sánchez v. Honduras. Preliminary objection, merits, reparations and costs,
supra, paras. 177 and 197.
3