[…], noting that the last date to make the payment […] for costs and expenses in this
case expired inevitably on March 16, [2005].” Lastly, the State advised that, on March
28, 2005, it had asked the Director of the General Administrative Office that […],
“considering […] Law No. 28.411 (General Law of the National Budget System), with
regard to payment of judgments, the budgeted amount of US$10,000.00 (ten thousand
dollars of the United States of America) be deposited in the bank account of the Ministry
of Justice, so that the amount is not returned to the Public Treasury.” In addition, on
December 28, 2004, and on December 15, 2005, the State asked the Inter-American
Commission to “determine the identity of the beneficiaries who should receive the
amount for costs and expenses.” On May 6, 2011, the State reported that it had
consulted the lawyer of the Ministry of Justice “about the procedure for the
reimbursement of costs and expenses” in this case “in view of the process of reparation
that is being carried out at the national level in cases of terrorism.”
50.
The representatives asked whether the expenses incurred by FASIC could be paid
directly to this organization, “because they considered it difficult that the next of kin
make the reimbursement, since they have very limited resources and, over the years,
the relationship with them has become less than fluid.”
51.
On January 10, 2006, the Inter-American Commission indicated that “the four
next of kin” who should be beneficiaries of the amount for costs and expenses are Jaime
Castillo Navarrete (Jaime Francisco Sebastian Castillo Petruzzi’s father), M. Angélica M.
Saavedra (Lautaro Enrique Mellado Saavedra’s sister), Rosa Pincheira Sáez (Maria
Concepción Pincheira Saez’s sister) and Teresa Valdés Escobar (mother of Alejandro Luis
Astorga Valdés). On March 17, 2006, in view of the representatives’ observations, the
Commission indicated that it was “admissible” to make the payment directly to the
Fundación de Ayuda Social de las Iglesias Cristianas [Foundation for Social Aid of the
Christian Churches] (FASIC for its acronym in Spanish).29
52.
In this regard, the Court stresses that, at different times, it has asked the State
to provide specific information on the status of the procedure to reimburse the costs and
expenses. Specifically, it consulted whether the payment could be made directly to the
Fundación de Ayuda Social de las Iglesias Cristianas [Foundation for Social Aid of the
Christian Churches] (FASIC), as had been requested by the next of kin of the victims at
one time. However, no relevant information was submitted.
53.
In this regard, the Court recalls that, in the terms of the judgment, the obligation
to comply with a specific measure of reparation is effective from the moment legal notice
of the judgment is provided, irrespective of the corresponding time frame granted. In
this regard, when handing down a judgment, the Court assumes the State’s good faith to
take the necessary measures and make the effort required to comply within the time
limits indicated.30 Consequently, as of legal notice of the Judgment, the State should
have taken all the necessary measures to reimburse costs and expenses. And this, even
though the Court is aware of the different administrative measures, procedures and
arrangements that may be necessary at the domestic level to make the
reimbursement.31
29
On June 22, 2005, the Inter-American Commission, based on information provide by FASIC, specified
that a total of US$358 should be paid for expenses to each family (in other words, US$1,432) and US$7,779 to
FASIC for expenses in hearings and fees.
30
Cf. Case of the Pueblo Bello Massacre v. Colombia. Monitoring compliance with judgment. Order of the
Inter-American Court of Human Rights of July 9, 2009, Considering clause 65.
31
Case of Montero Aranguren et al. v. Venezuela. Order of November 17, 2009, Considering clauses 67,
68 and 70.
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