Alarcón within a period of one year from the notification of the judgment, without
prejudice to making the full payment in advance.
116. The State shall make the payment of non-pecuniary compensation established in
the present judgment to Ramón Rosendo Carranza Alarcón’s heirs, pursuant to
applicable domestic law, within one year of the publications ordered in the present
judgment (supra para. 102), without prejudice to making the full payment in advance.
117. If, for reasons attributable to Mr. Carranza Alarcón’s heirs, it is not possible to
pay the amount determined within the indicated time frame, the State shall deposit the
amount in his favor in a deposit account or certificate in a solvent Ecuadorian financial
institution, in United States dollars, and in the most favorable financial conditions
permitted by banking law and practice. If the corresponding compensation is not claimed
within ten years, the amount shall be returned to the State along with the interest
accrued.
118. The State shall comply with the monetary obligations by payments in United
States dollars, with no reductions resulting from eventual tax charges. If the State falls
behind, it shall pay interest on the amount owed corresponding to banking interest on
arrears in the Republic of Ecuador.
IX
OPERATIVE PARAGRAPHS
119.
Therefore,
THE COURT
DECIDES,
unanimously:
1.
To reject the preliminary objection filed by the State regarding the alleged failure
to exhaust domestic remedies, pursuant to paragraphs 15 to 22 of this judgment.
2.
To reject the preliminary objection filed by the State regarding the alleged
violation of its right of defense, pursuant to paragraphs 25 to 33 of this judgment.
DECLARES,
unanimously, that:
3.
The State is responsible for violating the rights of personal liberty and judicial
guarantees enshrined in Articles 7(1), 7(3), and 8(2) of the American Convention on
Human Rights, in conjunction with its Articles 1(1) and 2, to the detriment of Ramón
Rosendo Carranza Alarcón, pursuant to paragraphs 60, 62, 65, 67-68, 75-85, 90, and 97
of the present judgment.
4.
The State is responsible for violating the rights of personal liberty and judicial
guarantees enshrined in Articles 7(1), 7(5), 8(1), and 8(2) of the American Convention
on Human Rights, in conjunction with its Article 1(1), to the detriment of Ramón Rosendo
Carranza Alarcón, pursuant to paragraphs 60, 64-68, and 86-97 of the present judgment.
26