103
interest accrued.
239. The amounts ordered in this Judgment as compensation for the pecuniary and
non-pecuniary damages and the reimbursement of costs and expenses cannot be
affected, diminished or subject to conditions due to current or future fiscal reasons.
Therefore, they must be delivered completely to the beneficiaries in accordance with
the provisions set forth in this Judgment.
240. If the State was to incur in arrears, it must pay interest on the amount owed,
based on the banking interest rate for arrearages in Paraguay.
241. In accordance with its usual practice, the Court reserves its inherent authority
to oversee complete compliance with the instant Judgment. The case will be closed
once the State has fully complied with the provisions of the instant ruling. Within
one year from the date of notification of this Judgment, Paraguay must submit to the
Court its first report on the measures taken to comply with it.
XIV
OPERATIVE PARAGRAPHS
242.
Now therefore,
THE COURT,
DECLARES THAT:
By seven votes to one,
1.
the State violated the rights violated the Rights to Fair Trial and to Judicial
Protection, embodied in Articles 8 and 25, respectively, of the American Convention
on Human Rights, in combination with Articles 1(1) and 2 of that same Convention,
to the detriment of the members of the Yakye Axa Indigenous Community, under the
terms set forth in paragraphs 55 to 119 of the instant Judgment.
Judge Ramón Fogel Pedroso partially dissenting.
By seven votes to one,
2.
the State violated the Right to Property embodied in Article 21 of the
American Convention on Human Rights, in combination with Articles 1(1) and 2 of
that same Convention, to the detriment of the members of the Yakye Axa Indigenous
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