48
offered to the Court at the first occasion granted to them,137 that is, in the brief of
requests and motions, without prejudice to the fact that such claim may be later on
updated, according to new costs and expenses incurred during the processing of the
case before this Court.
181. Based on the foregoing and on the fact that there is no documentary evidence
proving the expenses incurred by the victims and the representative during the
proceeding at the domestic level, the Court determines, in fairness, that the State
must grant the amount of US$ 1.500.00 (one thousand fifty hundred dollars of the
United States of America) to Hugo Ticona Estrada, for costs and expenses. It is
worth mentioning that this Tribunal, when determining the expenses and costs, has
excluded the expenses incurred at the international level, since in the procedure
before the Inter-American system, the Ombudsman was the representative of the
victim and as has been mentioned by him and the State, his services are rendered
free of charge. The amount shall be delivered to the beneficiary within the term of
one year as from notice of this Judgment. Hugo Ticona shall deliver, in turn, the
amount he thinks is appropriate to whom was his representative at the domestic
level. At last, this Court positively values the participation of the Ombudsman in this
international proceeding, since it strengthens the general protection of human rights
and, consequently, the Inter-American system for the protection of Human Rights.
E)
Method of Compliance with the Payments Ordered
182. The payment of the compensations shall be done directly to the beneficiaries
and the reimbursement of costs and expenses to Hugo Ticona. Should this person die
before the pertinent above compensatory amounts are paid thereto, such amounts
shall inure to the benefit of their heirs, pursuant to the provisions of the applicable
domestic legislation.138
183. The State must discharge its pecuniary obligations by tendering dollars of the
United States of America or an equivalent amount in the Bolivian legal currency, at
the New York, USA exchange rate between both currencies prevailing on the day
prior to the day payment is made.
184. If, due to reasons attributable to the beneficiary of the above compensatory
amounts, he were not able to collect them within the period set for that purpose, the
State shall deposit said amounts in an account held in the beneficiary’ name or draw
a certificate of deposit from a reputable Bolivian financial institution, in US dollars
and under the most favorable financial terms allowed by the legislation in force and
the customary banking practice. If after ten years compensation set herein were still
unclaimed, said amounts plus accrued interests shall be returned to the State.
185. The amounts allocated in this Judgment as compensation and reimbursement
of costs and expenses shall be delivered to the beneficiaries in their entirety in
accordance with the provisions hereof, and may not be affected, reduced, or
conditioned on account of current or future tax purposes.
137
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala, supra note 15, para. 50;
Case of Apitz Barbera et al. (“First Court of Administrative Disputes”) V. Venezuela, supra note 109, para.
258; and Case of Castañeda Gutman v. Mexico, supra note 17, para. 75.
138
Cf. Case of Myrna Mack Chang v. Guatemala, supra note 9, para. 25; Case of Heliodoro Portugal
v. Panamá, supra note 13, para. 268; and Case of Bayarri v. Argentina, supra note 16, para. 195.