326.
If, for reasons that can be attributed to the beneficiaries of the compensation for
costs and expenses, or their heirs, it is not possible to pay the amounts established within the
time frame indicated, the State shall deposit said amount in an account or certificate of deposit
in a solvent Guatemalan institution, in United States dollars, and on the most favorable
financial terms permitted by law and banking practice. If, after ten years, the amount assigned
has not been claimed, the amounts shall be returned to the State with the interest accrued.
IX
OPERATIVE PARAGRAPHS
327.
Therefore,
THE COURT
DECIDES,
Unanimously,
1.
To dismiss the preliminary objection filed by the State, in the terms of paragraphs 20
to 27 of this Judgment.
DECLARES,
unanimously, that:
2.
The State is responsible for the violation of the obligation to guarantee the rights to
personal integrity and to life, recognized in Articles 5(1) and 4(1) of the American Convention
on Human Rights, in relation to Article 1(1) thereof, to the detriment of María Inés Chinchilla
Sandoval, in the terms of paragraphs 183 to 225 of this Judgment.
3.
The State is responsible for the violation of the obligation to ensure the rights to judicial
guarantees and judicial protection, recognized in Articles 8(1) and 25 of the American
Convention, in relation to Article 1(1) thereof, to the detriment of María Inés Chinchilla
Sandoval, in the terms of paragraphs 241 to 256 of this Judgment.
4.
The State is not responsible for the alleged violation of the right to judicial guarantees
and judicial protection, recognized in Articles 8(1) and 25 of the American Convention, to the
detriment of the next of kin of María Inés Chinchilla, for the reasons stated in paragraphs 240
and 257 to 260 of this Judgment. The Court will not rule on the alleged violation of the
obligations contained in Article 2 of the Convention, for the reasons stated in paragraph 254
of this Judgment.
AND DECIDES
unanimously, that:
97