77
H. Means of complying with the payments ordered
309. The State must comply with its pecuniary obligation through payment in Lempiras or
its equivalent in dollars of the United States of America, using for the respective calculation
the exchange rate in force on the New York Stock Exchange (United States of America) the
day before the payment is made. If for causes that can be attributed to the beneficiaries of
the reimbursements or their heirs, it is not possible to pay the amounts established within
the indicated timeframe, the State shall deposit said amounts in their favor in an account or
deposit certificate in a solvent Honduran financial institution, in United States dollars, and in
the most favorable financial conditions allowed by banking laws and practices. If the
corresponding compensation is not claimed after ten years, the amounts shall be returned to
the State with the interest accrued.
310. The amounts allocated in this judgment as reimbursement for costs and expenses
must be delivered to the representatives in full, as established in this judgment, without any
deductions due to eventual taxes or charges.
311. If the State falls in arrears with regard to the Community Development Fund, costs
and expenses, or reimbursement of expenses to the Legal Aid Fund for Victims, it must pay
interest on the amount owed corresponding to bank interest on arrears in the Republic of
Honduras.
312. According to its constant practice, The Court reserves the right inherent to its
attributions and derived from Article 65 of the American Convention to monitor full compliance
with this judgment. The case will be considered concluded once the State has fully complied
with that stated in this judgment.
313. The State shall, within one year of notification of this judgment, provide the Court with
a report on the measures adopted to comply with it.
IX.
OPERATIVE PARAGRAPHS
Therefore,
THE COURT
DECLARES,
unanimously, that:
1.
The State is responsible for the violation of the right to collective property, enshrined
in Article 21 of the American Convention on Human Rights, in relation to Articles 1(1) and 2
of the same, in detriment of the Garífuna Community of Triunfo de la Cruz and its members,
in the terms of paragraphs 99 to 182 of this judgment.
2.
The State is responsible for the violation of the rights to a fair trial and judicial
protection, enshrined in Articles 8(1) and 25 of the American Convention on Human Rights,
in relation to Article 1(1) of the same instrument, in detriment of the Garífuna Community of
Triunfo de la Cruz and its members, in the terms of paragraphs 226 to 253 of this judgment.