F)
Reimbursement of expenses to the Victims’ Legal Assistance Fund
316.
The presumed victims, through their representatives, requested the support of
the Victims’ Legal Assistance Fund of the Court to cover the expenses of the litigation before
the Court, particularly those incurred during their participation at the public hearing in this
case.
317.
In the Order of January 28, 2015, the President authorized the Fund to cover the
costs of presenting the statement Mrs. Marta María Gantenbein Chinchilla de Aguilar and, in
the Order of May 12, 2015, he required that assistance be granted to cover the travel and
accommodation expenses necessary to receive her statement at the hearing.
318.
The State had the opportunity to present its observations on the disbursements
made in this case, which totaled US$ 993.35 (nine hundred and ninety-three United States
dollars and thirty-five cents). The State argued that it should not have to pay this sum since
it was demonstrated that the alleged victim did not tell the truth in her statement during the
hearing.
319.
In this regard, the Court considers that the State’s comment refers to the
evidentiary value of the statement of the presumed victim, but does not affect the purpose of
the Victims’ Fund, which is to support those who lack the financial resources necessary to
cover the cost of litigation before the Court.
320.
Consequently, in application of Article 5 of the Fund’s Rules of Procedure, the
Court will assess if it is appropriate to order the State to reimburse the Legal Assistance Fund
for the disbursements made. Considering the violations declared in this Judgment, the Court
orders the State to reimburse the Fund in the amount of US$ 993.35 (nine hundred and ninetythree United States dollars and thirty-five cents) for the expenses incurred. This sum shall be
reimbursed to the Inter-American Court within ninety days of notification of this judgment.
G)
Method of compliance with the payments ordered
321.
The State shall make the payment ordered in this Judgment as compensation for
pecuniary and non-pecuniary damage and to reimburse costs and expenses directly to the
persons indicated herein, within one year of notification of this Judgment; however, it may
also advance the full payment within a shorter period, in the terms of the following paragraphs.
322.
The sums allocated in this Judgment as compensation and to reimburse costs and
expenses shall be delivered to the representatives as established in this Judgment, without
any deductions arising from possible taxes or charges.
323.
The State shall comply with its monetary obligations through payment in United
States dollars or the equivalent in Guatemalan quetzales.
324.
If the State should fall into arrears, it shall pay interest on the amount owed
corresponding to bank interest on arrears in Guatemala.
325.
In the event that a beneficiary has died or dies before the corresponding
compensation has been received, payment shall be made directly to his or her heirs, in
accordance with applicable domestic law.
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