221. Should a beneficiary die before he or she receives the respective compensation,
it shall be delivered directly to that beneficiary’s heirs, in accordance with the applicable
domestic law.
222. With respect to the monetary compensation, the State shall comply with its
monetary obligations by payment in United States of America dollars or, if that is not
possible, in the equivalent in Venezuelan currency, using the highest and most beneficial
rate for the victims allowed by domestic law in force at the time of the payment. During
the stage of monitoring compliance with this Judgment, the Court may make a prudent
readjustment of the equivalent of the respective sums in the currency of Venezuela in
order to avoid exchange variations that substantially affect their purchasing power.
223. If, for causes that can be attributable 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 such amounts in their favor in an account or certificate of
deposit in a solvent Venezuelan financial institution, in United States dollars, and in the
most favorable financial conditions permitted by the legislation and banking practices. It
the corresponding amount is not claimed after 10 years, the amounts shall be returned
to the State with the interest accrued.
224. The amounts allocated in this Judgment as compensation shall be delivered in full
to the persons indicated, as established in this Judgment, without any deductions arising
from possible taxes and charges.
225. If the State should fall into arrears, including the reimbursement to the Victims’
Legal Assistance Fund of the Court, it shall pay interest on the amount owed,
corresponding to banking interest on arrears in the Bolivarian Republic of Venezuela.
IX
OPERATIVE PARAGRAPHS
226.
Therefore,
THE COURT
DECLARES,
Unanimously, that:
1.
The State is responsible for the violation of the right to personal liberty,
recognized in Articles 7(1) and 7(2) of the American Convention on Human Rights, in
relation to Article 1(1) thereof, to the detriment of Belkis González, María Angélica
González, Fernando González, Wilmer Antonio Barliza González, Luis Guillermo González
and Olimpiades González, pursuant to paragraphs 94 to 96, 105 to 113 and 133 of this
Judgment.
2.
The State is responsible for the violation of the rights to personal liberty and to
judicial guarantees, the former recognized in Article 7(1) and 7(3) of the American
Convention on Human Rights, and the latter in Article 8(2) of the Convention, in relation
to Articles 1(1) and 2 thereof, to the detriment of Belkis González, María Angélica
González, Fernando González, Wilmer Antonio Barliza González, Luis Guillermo González
54
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