the payment, it should pay interest on the amount owed, corresponding to
bank interest on arrears in Bolivia
The Commission’s arguments
131. The Commission expressed its agreement with the criteria of the
representatives of the victim and his next of kin on the methods of compliance, but
indicated that, should the State pay in arrears, it should pay the current bank
interest in Bolivia on the capital owed, until it had made the payment.
The State’s arguments
132. The State did not refer to the method of compliance during the proceeding
before the Court.
Considerations of the Court
133. In order to comply with this judgment, the State must pay the compensation
and reimburse the costs and expenses, and also adopt the other measures ordered,
within six months of notification of this judgment.
Definition of the forced
disappearance of persons as an offense should be completed within a reasonable
period, bearing in mind the characteristics of the corresponding legislative process.
134. The payment of the compensation established in favor of the victim’s next of
kin shall be made directly to them. If any of them have died or dies, the payment
shall be made to their heirs.
135. The expenses arising from the measures taken by the victim’s mother and
CEJIL, and also the costs resulting from the domestic proceedings and the
international proceedings before the inter-American system for the protection of
human rights, shall be paid to Gladys Oroza de Solón Romero and to CEJIL, as
previously determined (supra para. 129).
136. If, for any reason, it is not possible for the beneficiaries of the compensation
to receive it within the six-month period indicated, the State shall deposit the
amounts in their favor in a deposit account or certificate in a solvent Bolivian
banking institution, in United States dollars or the equivalent in Bolivian currency,
and with the most favorable financial conditions allowed by bank legislation and
practice. If, after ten years, the compensation has not been claimed, the amount
and the interest earned shall be returned to the State.
137. The State may comply with its obligations by making the payment in United
States dollars or an equivalent amount in Bolivian currency, using the exchange rate
between the two currencies in force in the New York, United States of America,
market, the day before the payment, to make the respective calculation.
138. The payments ordered in this judgment shall be exempt of any current or
future taxes.
139. Should the State pay in arrears, it shall pay the interest corresponding to
bank interest on arrears in Bolivia on the amount owed.