7
effective implementation of the amended legislation on voluntary recruitment of
children under 18 years of age," which was to waiting for information.
27.
The Chairman noted that the parties agree on the compliance with operative
paragraph fourteen of the Judgment, as well as on the observations made by the
Commission. Therefore, this matter will be referred to the Court so that, when
appropriate, it can consider the compliance.
*
*
*
28.
Regarding the obligation to pay moratory interest on the compensation for
pecuniary and non-pecuniary damages, and the reimbursement of costs and expenses
(paragraphs fifteenth, sixteenth and seventeenth of the Judgment), the State argued
that, "with regard to interest, an inquiry conducted by the State [to the Court] is being
processed," "and it seeks information regarding the criteria used [to] determine the
interest."
29.
Representatives noted that, "[t]he outstanding payments are the bank
moratory interest for Paraguay, accrued between the date that all the debt should
have been paid and the day when it was paid, as well as the interest that continues to
run on the outstanding moratory interest."
30.
The Commission noted that "the State continues to refer to the inquiry made to
the Court on the calculation of the respective amounts, even though the inquiry was
acquitted by the Court;" therefore, it was waiting for the State to perform the
necessary steps to proceed with the respective payment.
31.
The President advised that by means of the notes of the Secretariat of the
Court, the inquiry made on December 30, 2009, by the State of Paraguay (supra
Having Seen 6) was replied to. 7. Teniendo en cuenta lo anterior, es necesario que la
Corte cuente con más información sobre el pago de los intereses moratorios
pendientes.
*
*
*
32.
Having monitored compliance with the Judgment, the Presidency considers that
further information is required on State actions to implement the outstanding
operative paragraphs.
33.
In this case it is appropriate to convene a closed hearing so that the Court
receive, in accordance with the provisions of Article 69 of its Rules of
7
In this regard, the State was informed that "tocalculate moratory interest for the payment of
compensation for pecuniary and non-pecuniary damages, two timeframes must be considered: 1) the time
elapsed between the deadline for compliance with the main obligation to pay and the date on which the
payment is made, and 2) the time between the date of such payment and the date when all of the default
interest generated is paid. [...] Regarding the first time period, the sum of the compensation plus moratory
interest for non-timely payment must be paid. Regarding the second point, the difference between the
actual payment and the effective debt (the capital plus interest for the three month delay in payment) must
be paid, a difference on which penalty interest is still applied until the date of the full payment of the debt"