68
260. Taking the foregoing considerations into account and the insufficiency of
documentary evidence to prove the expenses incurred by the victims and the
representative both in the proceedings started before the domestic courts and before
the Inter-American system, the Court determines in equity that the State must
deliver the amount of US$ 5,000.00 (five thousand United States dollars) to each
victim as reimbursement of costs and expenses. This amount shall be delivered
within the term of one year from notice of this Judgment and includes any expenses
that the victims may incur in the future at the domestic level or during monitoring
compliance herewith. In turn, the victims will deliver the amount they deem
appropriate to their representative before the domestic courts and the InterAmerican system.
5.
Method of Compliance
261. Payment of the amounts set as compensation and as reimbursement of costs
and expenses on behalf of Ms. Ruggeri and Messrs. Apitz and Rocha shall be made
directly thereto. Should the beneficiaries die before they receive due compensation,
it shall be delivered to their successors, pursuant to the applicable domestic
legislation.265
262. The State must discharge its pecuniary obligations by tendering United States
dollars or an equivalent amount in Venezuelan currency, at the New York, USA,
exchange rate for both currencies, as quoted on the day prior to the day payment is
made.
263. If the beneficiaries of compensation are unable to receive the payments
ordered within the specified term due to causes attributable thereto, the State shall
deposit these amounts into an account or certificate of deposit in the beneficiaries’
name with a Venezuelan financial institution, in United States dollars and under the
most favorable financial terms permitted by law and banking practice. If after ten
years such compensation has not been claimed, these amounts shall be returned to
the State together with accrued interest.
264. The amounts awarded herein as compensation for pecuniary and nonpecuniary damages and as reimbursement of costs and expenses shall be paid to the
beneficiaries in full and shall not be reduced for tax purposes.
265. Should the State fall into arrears, banking default interest rates in effect in
Venezuela shall be paid on the amounts due.
266. In accordance with its usual practice, the Court retains the authority that
derives from its jurisdiction and the provisions of Article 65 of the American
Convention, to monitor full compliance with this judgment. The instant case shall be
closed once the State has fully complied with the provisions herein set forth. Within
six months from the date of notice of this judgment, the State shall submit to the
Court a report on the measures adopted in compliance herewith.
X
OPERATIVE PARAGRAPHS
265
Cf. Case of Myrna Mack Chang, supra note 259, para. 294; Case of Zambrano Vélez et al., supra
note 18, para. 137, and Case of Cantoral Huamani and García Santa Cruz, supra note 12, para. 162.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents