66
States dollars, and under the most favorable financial terms permitted by law and
banking practice. If after ten years compensation has not been claimed, these
amounts shall be returned to the State together with accrued interest.
167. The State may discharge its obligations by tendering United States dollars or
an equivalent amount in Chilean currency, at the New York, USA, exchange rate as
quoted on the day prior to the day payment is made.
168. The amounts allocated in this Judgment as reimbursement of costs and
expenses shall not be affected, reduced, or conditioned by current taxes or any taxes
that may be levied in the future. Consequently, said amount shall be paid in full to
the beneficiary in accordance with the provisions set forth in this judgment.
169. Should the State fall into arrears with its payments, interest shall be paid on
any amount due at the current bank default interest rate in Chile.
170. In accordance with its constant practice, the Court retains the authority which
derives from its jurisdiction and the provisions of Article 65 of the American
Convention, to monitor full compliance with this judgment. The instant case shall be
closed once the State has fully complied with the provisions herein set forth. Within
one year from the date of notice of this judgment, the Chilean State shall submit to
the Court a report on the measures adopted in compliance herewith.
XI
OPERATIVE PARAGRAPHS
171.
Therefore,
THE COURT,
DECIDES:
Unanimously,
1.
To dismiss the preliminary objections raised by the State.
DECLARES:
Unanimously, that:
2.
The State did not comply with its obligations derived from Articles 1(1) and 2
of the American Convention on Human Rights and violated the rights enshrined in
Articles 8(1) and 25 thereof, to the detriment of Elvira del Rosario Gómez-Olivares
and Alfredo, Alexis, and José Luis Almonacid-Gómez, as set forth in paragraphs 86 to
133 herein.
3.
Insofar as it was intended to grant amnesty to those responsible for crimes
against humanity, Decree Law No. 2.191 is incompatible with the American
Convention and, therefore, it has no legal effects.
4.
This judgment is, in and of itself, a form of reparation.
AND RULES:
Unanimously, that:
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