65
must be reimbursed within 90 days of notification of this judgment.
G. Method of complying with the payments ordered
230. The State shall make the payments of compensation for pecuniary and non-pecuniary
damage and to reimburse costs and expenses established in this judgment directly to the person
indicated herein, within one year of notification of this judgment in accordance with the following
paragraphs.
231. If the beneficiary is deceased or dies before he receives the respective compensation, this
shall be delivered directly to his heirs, pursuant to the applicable domestic law.
232. The State shall comply with its monetary obligations by payment in United States dollars
or the equivalent in Peruvian currency, using the exchange rate in force on the New York Stock
Exchange (United States of America), on the day before payment to make the respective
calculation.
233. If, for reasons that can be attributed to the beneficiary of the compensation or his heirs,
it is not possible to pay the amounts established within the time frame indicated, the State shall
deposit the said amounts in his favor in a deposit account or certificate in a solvent Peruvian
financial institution, in United States dollars, and in the most favorable financial conditions
permitted by banking law and practice. If the corresponding compensation is not claimed after
ten years, the sums shall be returned to the State with the interest accrued.
234. The amounts established in this judgment as compensation for non-pecuniary damage and
to reimburse costs and expenses shall be delivered to the persons indicated in full, as established
in this judgment, without any deductions arising from possible taxes or charges.
235. If the State should fall in arrears, including in the reimbursement of disbursements to the
Victims’ Legal Assistance Fund, it shall pay interest on the amount owing corresponding to banking
interest on arrears in the Republic of Peru.
IX
OPERATIVE PARAGRAPHS
Therefore,
THE COURT
DECIDES,
Unanimously:
1.
To reject the objections filed by the State concerning control of legality in relation to the
Admissibility Report of the Commission, the alleged failure to exhaust domestic remedies, and the
lack of competence of the Commission, pursuant to paragraphs 17 and 18 of this judgment.
2.
To reject the objection filed by the State concerning the inclusion of Article 16 of the
Convention in the Merits Report, pursuant to paragraphs 20 to 23 of this judgment.
to choose a category and, in this specific case, why it had chosen the category “PS.” Also, as it had no information on
what the item of miscellaneous transportation expenses referred to, the State asked the Court to explain how it calculated
this item, and how it had applied its calculation in this specific case. In a communication of May 2, 2017 (CIDH-322-17
of April 27, 2017), the Court’s Secretariat responded to the State’s observations (merits file, ff. 795-798).