the amount within six months at most of notification of this Judgment. The interest on
arrears established in paragraph 238 of this Judgment will begin to be calculated following
the six-month period established in this paragraph.
F) Method of compliance with the agreed payments and resolution of
possible disputes concerning the agreement on reparations
233. The reparations agreement signed by the representatives of the victims and the
State has been endorsed by this Judgment; accordingly, any dispute or differences that
arise will be decided by this Court.
234. The State must pay the compensation for pecuniary and non-pecuniary damage,
medical and psychological care, and reimbursement of costs and expenses established in
this Judgment directly to the persons or organization indicated herein, within the time frame
established in the reparations agreement and in this Judgment, in accordance with the
following paragraphs. These payments may not be affected or conditioned by current or
future taxes or charges. Consequently, they must be delivered to the beneficiaries in full, as
established in the Judgment.
235. The State must comply with its monetary obligations by payment in quetzals or the
equivalent in United States dollars, using the exchange rate in force on the New York Stock
Exchange on the day before the payment to make the respective calculation.
236. Should any of the family members of the victim indicated in this Judgment die before
they have received the respective compensation, this must be paid directly to their heirs, in
accordance with the applicable domestic law.
237. If, for reasons that can be attributed to the beneficiaries of the compensation or to
their heirs, it is not possible to pay the amounts established within the period indicated, the
State shall deposit the said amounts in their favor in an account or a deposit certificate in a
solvent Guatemalan financial institution, in United States dollars, and in the most favorable
financial conditions permitted by law and banking practice. If, after 10 years, the sum
allocated has not been claimed, the amounts shall revert to the State with the accrued
interest.
238. If the State falls into arrears, it shall pay interest on the amount owed corresponding
to banking interest on arrears in Guatemala, taking into account the provisions of
paragraphs 227 and 232.
239. The Court notes that some of the measures agreed by the parties in the reparations
agreement should have been complied with during 2012. 295 At the date this Judgment is
delivered, the Court has not been informed that these measures have been complied with.
However, the Court emphasizes that the State must adopt all necessary measures to
comply with the said reparations as soon as possible. Consequently, the State must, within
six months of notification of this Judgment, provide the Court with a report on the measures
adopted to comply with it.
295
In particular, the State undertook to organize a public act to acknowledge its responsibility “within two
months of the signature [of the said agreement],” which was signed on April 20, 2102, and also undertook to
facilitate the change in the name of the “Julia Ydigoras Fuentes” public school to that of Edgar Fernando García
“during 2012.”
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