Victims’ Legal Assistance Fund of the inter-American human rights system, in order to
“facilitate access to the inter-American human rights system by persons who currently lack
the resources needed to bring their cases before the system.” 63
79. On May 16, 2022, following instructions from the Presidency of the Court, Mr. Boleso's
request to access the Victims' Legal Assistance Fund was declared admissible in note from
the Office of the Registrar of the Court. However, as the State was informed in a note from
the Office of the Registrar of the Court, CIDH-ADM-0389-23 of May 19, 2023, "the Victims'
Legal Assistance Fund [...] did not incur expenses IACHR-ADM-0389-23related to this case."
Therefore, the State will not be ordered to reimburse the Fund.
G. Method of complying with the payments ordered
80. The State shall make the payments ordered for compensation of pecuniary and nonpecuniary damage, as established in this judgment, directly to Mr. Boleso within one year of
notification of this judgment.
81. Should the beneficiary pass away before he receives the respective compensation, it
shall be delivered directly to his heirs, pursuant to the applicable domestic law.
82. The State shall comply with the monetary obligations by payment in United States
dollars or, if this is not possible, in the equivalent in Argentine currency, using the highest
and most beneficial rate for the beneficiaries allowed by its domestic law at the time of the
payment to make the respective calculation. During the stage of monitoring compliance with
the judgment, the Court may make a prudent readjustment of the equivalent of the respective
sums in Argentine currency in order to avoid exchange variations substantially affecting their
purchasing power.
83. If, for causes that can be attributed to the beneficiaries of the compensation or their
heirs, it is not possible to pay the amounts established within the indicated time frame, the
State shall deposit the said amounts in their favor in a deposit account or certificate in a
solvent Argentine financial institution, in United States dollars, and in the most favorable
financial conditions permitted by banking laws and practice. If the corresponding
compensation is not claimed after ten years, the amounts shall be returned to the State with
the interest accrued.
84.
The amounts allocated in this judgment as compensation for pecuniary and nonpecuniary damage, must be delivered to the persons indicated in full, as established in this
judgment, without any deductions resulting from possible taxes and charges.
85. If the State should fall into arrears, it shall pay interest on the amount owed,
corresponding to banking interest on arrears in the Argentine Republic.
IX
OPERATIVE PARAGRAPHS
AG/RES. 2426 (XXXVIII-O/08), Resolution adopted at the fourth plenary session of the General Assembly
of the OAS during the 38th regular sessions of the OAS, fourth plenary session, held on June 3, 2008, “Establishment
of the Legal Assistance Fund of the Inter-American Human Rights System,” Resolving paragraph 2(a), and CP/RES.
963 (1728/09), Resolution adopted on November 11, 2009 by the Permanent Council of the OAS, “Rules of Procedure
for the Operation of the Legal Assistance Fund of the Inter-American Human Rights System,” Article 1(1).
63
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