88
307. The partial agreement on reparations has been approved by the Court through this
Judgment, so any dispute or controversy arising from it shall be decided by this Court.
308. The payment of indemnities established in favor of the next of kin declared to be
victims shall be provided to them directly. As for persons who have died or die prior to the
payment of their compensation, the payment shall be made to their heirs pursuant to
applicable domestic law.275
309. If the beneficiaries of the awards are not able to collect the payments within the
specified term indicated above, the State shall deposit the amounts in an account or draw a
certificate of deposit from a reputable Colombian financial institution, in United States
Dollars, under the most favorable financial terms the law in force and customary banking
practice allow. If compensation goes unclaimed after ten years, the amounts plus interest
accrued shall return to the State.
310. The State may fulfill its pecuniary obligations by tendering United States Dollars or
an equivalent amount in the currency of Colombia, at the exchange rate prevailing in New
York, United States of America on the date prior to the payment date.
311. The amounts allocated in this Judgment as compensation and reimbursement of
costs and expenses shall not be affected, reduced or conditioned by taxing conditions now
existing or hereinafter created. Therefore, beneficiaries shall receive the total amount in
conformity to the provisions herein.
312. Should the State fall into arrears with its payments, Colombian banking default
interest rates shall be paid on the amount owed.
313. In accordance with its constant practice, the Court retains its power, which is
inherent in its scope of authority and the provisions of Article 65 of the American
Convention, to monitor full compliance with this Judgment. The instant case shall be closed
once the State implements in full the provisions herein. Colombia shall, within a year from
notification of this Judgment, submit a report to the Court on the measures adopted in
compliance therewith.
X
OPERATIVE PARAGRAPHS
314.
Therefore,
THE COURT
DECLARES,
275
Cf. Case of Goiburú et al., supra note 11, para. 162; Case of Ximenes Lopes, supra note 24, para. 219;
and Case of Baldeón García, supra note 112, para. 192.
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