121
95.
b)
payment of compensation be made in United States currency or in an
equivalent amount of quetzales, the national currency of Guatemala,
but taking into account the need to maintain the purchasing power of
the compensation, as a consequence of currency devaluation and
depreciation;
c)
compensation be exempt from current or future taxes;
d)
the remains of Efraín Bámaca Velásquez be located and recovered;
that the material and intellectual authors of the human rights
violations be investigated, tried, and punished; and that the necessary
measures be adopted for the next of kin to participate in the judicial
procedures pertaining to location and final destination of the remains
of Mr. Bámaca Velásquez; and
e)
the Court establish in its judgment that it will maintain its competence
regarding this matter until compliance with all reparation measures
ordered has been certified.
The State did not refer to this aspect in its May 8, 2001 brief.
Considerations of the Court
96.
To comply with this Judgment, the State must carry out the payment of the
compensatory indemnifications, the reimbursement of costs and expenses and
adoption of the other measures ordered, within six months time from the date this
Judgment is notified, except regarding delivery of the mortal remains of Efraín
Bámaca Velásquez, for which the State will have time until December, 2002.
97.
Payment of compensation decided in favor of the victims or their next of kin
who are of age will be made directly to them. If any are deceased or die, payment
will be made to their heirs.
98.
Expenses incurred due to steps taken by the next of kin of the victims and
their representatives and costs caused by domestic proceedings and in the
international proceedings before the inter-American system for the protection of
human rights, will be paid to CEJIL and Jennifer Harbury, as previously determined
(supra 91).
99.
If for any reason it were not possible for the beneficiaries of the
compensations to receive them within the aforementioned six months time, the State
will deposit those amounts to an account or certificate of deposit in their name at a
solvent Guatemalan banking institution, in United States dollars or the equivalent
amount in Guatemalan currency and under the most favorable financial conditions
allowed by banking practice and legislation. If after ten years the compensation has
not been claimed, the amount shall return to the State, with the interest accrued.
100. The State can fulfill its obligations by payment in United States dollars or an
equivalent amount in Guatemalan currency, using for this calculation the exchange
rate between both currencies in the New York, United States of America exchange,
the day before the payment.
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