97
York, USA exchange rate between both currencies prevailing on the day prior to the
day payment is made.
271. If, due to reasons attributable to the beneficiaries of the above
compensatory amounts or their heirs, respectively, they were not able to collect
them within the period set for that purpose, the State shall deposit said amounts in
an account held in the beneficiaries’ name or draw a certificate of deposit from a
reputable Mexican financial institution, in US dollars and under the most favorable
financial terms allowed by the legislation in force and the customary banking
practice in Mexico. If after ten years compensation set herein were still unclaimed,
said amounts plus accrued interests shall be returned to the State.
272. The amounts allocated in this Judgment as compensation shall be delivered
to the victims in their entirety in accordance with the provisions herein. The
amounts allocated in this Judgment as reimbursement of costs and expenses shall
be delivered directly to the legal representatives of CEJIL and Centro Prodh. These
amounts may not be affected, reduced, or conditioned on account of current or
future tax purposes.
273. Should the State fall into arrears with its payments, the United Mexican
States banking default interest rates shall be paid on the amounts due.
XI
OPERATIVE PARAGRAPHS
274.Therefore:
THE COURT,
DECIDES,
By unanimous vote,
1.
To dismiss the preliminary objection of “fourth instance” raised by the State,
in accordance with paragraphs 16 to 22 of this Judgment.
DECLARES,
Unanimously that:
2.
The State is responsible for the violation of the right to personal liberty,
enshrined in articles 7(3), 7(4) and 7(5) in conjunction with articles 1(1) of the
American Convention on Human Rights, to the detriment of Messrs. Teodoro
Cabrera Garcia and Rodolfo Montiel Flores, according to the terms of paragraphs 93
to 102, 105 to 106 and 133 to 137 of this Judgment.
3.
The State is responsible for the violation of the right to humane treatment
[personal integrity], enshrined in articles 5(1) and 5(2) in conjunction with articles
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