376. If, for causes that can be attributed to the beneficiaries of the compensation or their
heirs, it is not possible to pay the amounts established within the indicated time frames, the
State must deposit the said amounts in their favor in an account or certificate of deposit in a
solvent Costa Rican financial institution, in United States dollars, and in the most favorable
financial conditions allowed by law and banking practices. If, after 10 years, the sum
allocated has not been claimed, the amounts must be returned to the State, with the
interest accrued.
377. The amounts allocated in this Judgment as compensation for pecuniary and nonpecuniary damage, and as reimbursement of costs and expenses, must be delivered to the
persons and organizations indicated in full, in keeping with the provisions of this Judgment,
without any reductions arising from eventual taxes or charges, within one year of
notification of this Judgment.
378. If the State falls into arrears, it must pay interest on the amount owed,
corresponding to the bank interest on arrears in Costa Rica.
379. In accordance with its consistent practice, the Court reserves the authority inherent
in its attributes and also derived from Article 65 of the American Convention to monitor full
compliance with this Judgment. The case will be closed when the State has complied fully
with the provisions of this judgment.
380. The State must provide the Court with a report on the measures adopted to comply
with this Judgment within six months and one year of its notification.
IX
OPERATIVE PARAGRAPHS
381.
Therefore,
THE COURT
DECIDES,
unanimously,
1.
To reject the preliminary objections filed by the State, in the terms of paragraphs 17
to 40 of this Judgment.
DECLARES,
By five votes to one, that:
1.
The State is responsible for the violation of Articles 5(1), 7, 11(2) and 17(2) in
relation to Article 1(1) of the American Convention, to the detriment of Gretel Artavia
Murillo, Miguel Mejías Carballo, Andrea Bianchi Bruno, German Alberto Moreno Valencia, Ana
Cristina Castillo León, Enrique Acuña Cartín, Ileana Henchoz Bolaños, Miguel Antonio
Yamuni Zeledón, Claudia María Carro Maklouf, Víctor Hugo Sanabria León, Karen Espinoza
Vindas, Héctor Jiménez Acuña, Maria del Socorro Calderón P., Joaquina Arroyo Fonseca,
Geovanni Antonio Vega, Carlos E. Vargas Solórzano, Julieta González Ledezma and Oriester
Rojas Carranza, in the terms of paragraphs 136 to 317 of this Judgment.