43
successors, pursuant with the applicable domestic legislation.177 The aforementioned must be
done within the terms stated in the corresponding sections of the present Judgment.
143. The State must comply with its obligations through payments in dollars of the United
States of America.
144. If for causes attributable to the beneficiary of the compensations, it were not possible
for her to receive them within the mentioned time period, the State will deposit said amounts
in her favor in an account or deposit certificate in an acknowledged Ecuadorian financial
institution, in United States dollars and in the most favorable financial conditions permitted by
the legislation and banking practices. If after 10 years, the compensation has not been
claimed, the amounts deposited will be returned to the State with the accrued interests.
145. The amounts allocated in the present Judgment must be delivered to the beneficiary in
their totality, pursuant with that established in this Judgment, without deductions derived from
possible taxes.
146. If the State incurs in any delay it must pay interests on the amount due for the just
compensation, pecuniary and non-pecuniary damages, the unjust payment of taxes and fines
on plots without constructions, as well as the costs and expenses which correspond to the
bank interest on default payments in Ecuador.
OPERATIVE PARAGRAPHS
148.
Therefore,
THE COURT
ORDERS,
Unanimously, that,
1.
This Judgment constitutes per se a form of reparation.
By five votes to three, that,
2.
The State must pay to Mrs. María Salvador Chiriboga, for just compensation, the
amount stated in paragraph 84 of the present Judgment.
Judge García-Sayán, Judge García Ramírez, and Judge Leonardo Franco, all dissent.
By five votes to three, that,
3.
The State must pay for pecuniary damages on the interest incurred, the amount
specified in paragraph 101 of the present Judgment.
Judge García-Sayán, Judge García Ramírez, and Judge Leonardo Franco, all dissent.
By five votes to three that,
4.
The State must make the payments of just compensation and pecuniary damage set
out in this Judgment, in accordance with the modality of compliance set out in paragraphs 102
to 103 of this Judgment..
177
Cf. Case of Myrna Mack Chang V. Guatemala. Merits, Reparations and Costs. Judgment of November 25,
2003. Series C No. 101, para. 294; Case of Gomes Lund et al. (“Guerrilha do Araguaia”) V. Brazil, supra note 8, para.
320, and Case of Cabrera García and Montiel Flores V. México, supra note 8, para. 269.
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