refers to the terms set forth thereof. Furthermore, the Court notes that as stated in
paragraph 174 of its Judgment(supraViewed 1), in the sense that "[i] f the State fall into
arrears, duty [would] pay interest on the amount owed to the bank interest on arrears in
Paraguay," refers to the rate interest should be applied in the particular case, namely the
rate in Paraguay, being that the criteria for compliance with the respective interest payment
are those already mentioned in response to that query. Accordingly, the Court notes the will
of the parties to achieve progress on this point based on an agreement and is waiting for
updated information on efforts and results achieved regarding the compliance with this
aspect of the reparation.
40.
In monitoring compliance with the outstanding issues in this case, the Court assess
the usefulness of the hearing held to this end, which has been reflected in the goodwill and
cooperative spirit shown by the parties. The Court will consider the general state of
compliance with the pending points of the Judgment rendered in this case, once it receives
the relevant information.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercising its authority to monitor compliance with its decisions in accordance with
Articles 33, 61(1), 62(3), 67, and 68(1) of the American Convention on Human Rights,
Article 24 and 30 of the Statue, and Article 31.2 and 69 of its Rules of Procedure,
DECIDES:
1.
In accordance with the provisions of Considering Clauses 17, 29 and 35 of this Order,
the State has complied with operative paragraphs set forth in the Judgment:
a)
make a public apology and recognition of international responsibility in
relation to the violations set forth in [the] Judgment, the community where the
family of Gerardo Vargas Areco, in the presence of the family and State civilian and
military authorities, as part of which a plaque will installed in memory of the child
Vargas Areco (operative paragraph ten of the Judgment);
b)
to publish in a nationally circulated newspaper, on a sole occasion, the
chapter on proven facts of this Judgment, without the footnotes of the corresponding
page, and the operative part of the [...] Judgment (operative paragraph thirteen of
the Judgment), and
c)
to bring domestic legislation on voluntary recruitmentof minors under 18
years in the armed forces of Paraguay, in accordance with international standards in
the field (operative paragraph fourteen of the Judgment).
26
In this regard, the State was informed that "when fixing of moratory interest for the payment of
compensation for pecuniary damage and non-pecuniary, two points should be considered: 1) the time between the
deadline to comply with the main obligation to pay and the date of payment, and 2) the time between the date of
such payment and that on which all the moratory interests generated were paid. [...] Regarding the first period,
the sum of the compensation plus the moratory interests for non-timely payment must be paid. Regarding the
second period, the difference between the payment and debt (the capital plus the interest for the three month
delay in payment), difference on which moratrory interests will still be charged up until the date of the full payment
of the debt."