-34140. In this case, the Court recalls that the representative did not submit a pleadings and motions
brief and, therefore, did not request costs and expenses; nor did he submit such a request in his
final arguments. Nevertheless, it is reasonable to presume that the representative incurred
expenses since he filed petitions before the Commission, for which reason the Court deems it
appropriate to reimburse him for reasonable litigation expenses.96 Therefore, the Court establishes,
in equity, the amount of USD $10,000.00 (ten thousand United States dollars). This sum shall be
delivered directly to the representative within the period defined for that purpose (infra para. 141).
At the stage of monitoring compliance with this judgment, the Court may order the State to
reimburse the victims or their representative for any reasonable and duly proven expenses incurred
at that procedural stage.
F. Method of compliance with the payments ordered
141. The State shall make the payments for compensation ordered in this judgment, and for
reimbursement of costs and expenses, directly to the persons indicated herein, within one year of
notification of this judgment, or it may bring forward full payment within a shorter period of time.
142. If the beneficiaries have died or die before they receive the respective compensation, this
shall be delivered directly to their heirs, in accordance with the applicable domestic law.
143. In relation to the foregoing, and without prejudice to it, the Court has already been informed
about two beneficiaries who have died, namely, María Laura Órdenes Guerra and Mario Melo Acuña.
Therefore, the Court orders that the compensation to which they are entitled be paid directly to
their next of kin, who are the victims in the instant case. In other words, the amount ordered in
favor of Mrs. Órdenes Guerra shall be distributed in equal parts among her children and, in the case
of Mr. Melo Acuña, the amount awarded in his favor shall be distributed in equal parts between Ilia
María Prádenas Pérez and Carlos Gustavo Melo Prádenas.
144. The State shall comply with its monetary obligations through payment in United States
dollars, or the equivalent in national currency, using for the respective calculation the exchange
rate in effect in the New York Stock Exchange, United States of America, on the day prior to
payment.
145. If, for reasons that can be attributed to the beneficiaries of the compensation or their heirs,
it is not possible to pay the amounts established within the period indicated, the State shall deposit
said amounts in their favor, in an account or certificate of deposit in a solvent Chilean financial
institution, in United States dollars, and on the most favorable financial terms permitted by banking
law and practice. If the corresponding compensation is not claimed within ten years, the amounts
shall be returned to the State with the accrued interest.
146. The amounts awarded in this judgment as compensation for pecuniary and non-pecuniary
damage, and to reimburse costs and expenses shall be paid in full directly to the persons indicated,
without any deductions arising from possible taxes or charges.
147. If the State should fall into arrears, it shall pay interest on the amount owed corresponding
to banking interest on arrears in Chile.
96
Cf. See also, Case of San Miguel Sosa et al. v. Venezuela, para. 250.