137. The State must comply with its monetary obligations by paying in United States dollars or
its equivalent in national currency, using for the respective calculation the market exchange rate
published or calculated by a relevant banking or financial authority, on the date closest to the day
of payment.
138. If, due to causes attributable to the beneficiary of the compensation or to her successors,
it is not possible to pay the amounts determined within the indicated period, the State will deposit
said amounts in her favor in an account or certificate of deposit in a solvent Peruvian financial
institution, in United States dollars, and under the most favorable financial conditions permitted
by law and banking practice. If the corresponding compensation is not claimed after ten years,
the amounts will be returned to the State with the accrued interest.
139. The amounts assigned in this Judgment as compensation for pecuniary and non-pecuniary
damages and as reimbursement of costs and expenses, must be delivered to the person indicated
in full, in accordance with the provisions of this Judgment, without reductions derived from
possible tax charges.
140. In the event that the State is in default, it must pay an interest on the amount owed
corresponding to the default bank interest in the Republic of Peru.
IX
OPERATIVE PARAGRAPHS
141. Therefore,
THE COURT
DECIDES,
Unanimously,
1.
To reject the preliminary objection related to the request for review of legality in relation to
the alleged failure to exhaust domestic remedies, in accordance with paragraphs 21 to 24 of this
Judgment.
2.
To reject the preliminary objection of “fourth instance”, in accordance with paragraphs 28
to 29 of this Judgment.
3.
To reject the preliminary objection related to the alleged improper inclusion of Articles 5
and 11 of the American Convention on Human Rights in the pleadings and motions brief, in
accordance with paragraphs 32 to 33 of this Judgment.
DECLARES,
Unanimously, that:
4.
The State is responsible for the violation of the rights recognized in Articles 8(1), 8(2) and
9 of the American Convention on Human Rights, in relation to Articles 1(1) and 2 of the same
Treaty, to the detriment of Mrs. Moya Solís, pursuant to paragraphs 66 to 91 of this Judgment.
5.
The State is responsible for the violation of the rights recognized in Articles 8(1) and 25 of
the American Convention on Human Rights, in relation to Article 1(1) of the same Treaty, to the
34
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos