32
154. The State shall make the payment of the compensation for non-pecuniary
damage directly to the Mr. Barreto Leiva, as well as the reimbursement of costs and
expenses, within the term of one year as of the notice of this Judgment.
155. Should Mr. Barreto Leiva die before the pertinent above compensatory
amounts are paid thereto, such amounts shall inure to the benefit of their heirs,
pursuant to the provisions of the applicable domestic legislation. .
156. The State must discharge its pecuniary obligations by tendering United States
dollars or an equivalent amount in the Venezuelan legal currency, at the New York,
USA exchange rate between both currencies prevailing on the day prior to the day
payment is made.
157. If, due to reasons attributable to the beneficiary of the above compensatory
amounts, Mr. Barreto Leiva was not able to collect them within the period set for that
purpose, the State shall deposit said amounts in an account held in the beneficiary’s
name or draw a certificate of deposit from a reputable Venezuelan financial
institution, in US dollars and under the most favorable financial terms allowed by the
legislation in force and the customary banking practice in Venezuela. If after ten
years compensation set herein were still unclaimed, said amounts plus accrued
interests shall be returned to the State.
158. The amounts allocated in this Judgment as compensation and reimbursement
of costs and expenses shall be delivered to Mr. Barreto Leiva in their entirety, and
may not be affected, reduced, or conditioned on account of current or future tax
purposes.
159. Should the State fall into arrears with its payments, Venezuelan banking
default interest rates shall be paid on the amounts due.
VIII
OPERATIVE PARAGRAPHS
160.
Therefore:
THE COURT,
DECLARES,
Unanimously that:
1.
The State violated the right to prior notification in detail of the charged filed
embodied in Article 8(2)(b) of the American Convention, in relation to Article 1(1)
therein, to the detriment of Mr. Barreto Leiva, under the terms of paragraphs 28 to
48 of this Judgment.
2.
The State violated the right to have adequate time and means for the
preparation of his defense, embodied in Article 8(2)(c) of the American Convention,
in relation to Articles 1(1) and 2 therein, to the detriment of Mr.Barreto Leiva, under
the terms of paragraphs 53 to 57 of this Judgment.
3.
The State violated the right to be assisted by legal counsel of his choice,
embodied in Article 8(2)(d) of the American Convention, in relation to Article 1(1)
therein, to the detriment of Mr. Barreto Leiva, under the terms of paragraphs 60 to
64 of this Judgment.