code (supra para. 207). After the State works out the individual amounts to be paid to each
person, it must so notify the beneficiaries and their representatives as soon as possible.
233. The State must disburse the compensation for nonpecuniary damage determined herein
directly to the people named in the judgment, according to the information given in Annex 1, as
well as payment for court costs and attorney fees directly to the people named in paragraph 231,
within one year of the date of notification of this judgment.
234. If beneficiaries have passed away or should pass away prior to the payment of their due
compensation, the money shall be delivered directly to their heirs under the terms of applicable
domestic legislation. This Court acknowledges that the representatives have no information about
the heirs of victims María Graciela Cisternas Cisternas, María Apolina Lara Pereira and Heriberto
Antonio Martínez Salazar. The Court deems, in this regard, that in order to determine these
peoples’ heirs, the State must run a notice in at least three editions of the Official Gazette, over
the course of six months, calling on the next of kin of these individuals to report with the necessary
information and informing them of the procedure to be followed for these purposes.
235. The State must fulfill all its monetary obligations by means of payment in United States
dollars or the equivalent in national currency, calculated according to the exchange rate on the
market as published or calculated by a qualified banking or financial authority on the day nearest
to the date of payment.
236. If for causes attributable to the beneficiaries of the compensation or their heirs it should
prove impossible to pay the amounts established within the required term, the State shall deposit
the amount in their names into accounts or certificates of deposit in a sound Chilean financial
institution, in United States dollars, under the most favorable financial conditions allowed by law
and by banking practice. If the compensation has not been claimed after ten years, the money
shall revert to the State with interest.
237. The amounts allocated in this judgment as compensation for restitution, nonpecuniary
damage and reimbursement of costs and expenses shall be disbursed in their entirety to the
assigned beneficiaries, as ordered in this judgment, with no deductions for possible fiscal fees.
238. If the State should fall behind on payments, it must pay interest on the amounts owed,
based on overdue interest rates in effect for banks the Republic of Chile.
X
OPERATIVE PARAGRAPHS
239. Therefore,
THE COURT
DECIDES,
Unanimously:
1.
To dismiss the preliminary objection regarding failure to exhaust domestic remedies, as
discussed in paragraphs 20 to 27 of this judgment.
DECLARES,
Unanimously, that:
73
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