indicated precisely the assistance from this Fund required by the presumed victims.299 Also, as
stated in that Order, the Court reiterates the purpose of the application of the Assistance Fund is
to cover the reasonable and necessary expenses that are accredited by the inter-American
defenders in order to represent the presumed victims in the proceedings.300
292. With regard to the alleged lack of financial resources of the Pacheco Tineo couple, the
evidence presented by the State is not pertinent, because it is merely an indication or an
element of circumstantial information that, in the absence of complementary information, has
no probative value. Regarding the other observations made by the State, the Court notes, first,
that some were decided in the Order convening the public hearing and that the others are
inadmissible or refer to aspects relating to the assessment of the evidence. Therefore, the Court
will not rule on them.
293. Based on the State’s responsibility declared in this Judgment, the Court orders the State
to reimburse this Fund the sum of US$9,564.63 (nine thousand five hundred and sixty-four
United States dollars and sixty three cents) for the above-mentioned expenses that were
incurred. This sum must be reimbursed to the Court within 90 days of notification of this
Judgment.
F. Method of complying with the payments ordered
294. The State must make the payment of the compensation for pecuniary and non-pecuniary
damage and to reimburse costs and expenses established in this Judgment directly to Juan
Rumaldo Pacheco Osco and Fredesvinda Tineo Godos, within one year of notification of this
Judgment, in the terms of the following paragraphs. If one of the victims should die before the
payment of the respective amounts, they shall be delivered to his or her heirs, in accordance
with the applicable domestic law.
295. The State must comply with the monetary obligations by payment in United States
dollars deposited in the account indicated by the victims.
296. If, for reasons that can be attributed to the beneficiary of the compensation or his or her
heirs, it is not possible to pay the amounts established within the time frame indicated, the
State must deposit the said amounts in their favor in an account or certificate of deposit in a
solvent Chilean financial institution, in United States dollars, and in the most favorable financial
conditions permitted by banking law and practice. If, after 10 years, the amount allocated has
not been claimed, it shall be returned to the State with the interest accrued.
297. The amounts allocated in this Judgment, as compensation for pecuniary and nonpecuniary damage and to reimburse costs and expenses, must be delivered to the person
indicated integrally, as established in this Judgment, and may not be affected or conditioned by
current or future taxes or charges.
298. If the State should incur arrears, it must pay interest on the amount owed corresponding
to bank interest on arrears in Bolivia.
299
The Order added, in particular, that the request to access the Victims’ Legal Assistance Fund was aimed at
covering reasonable and necessary expenses related to the production of evidence before the Court; specifically for the
presentation of the statements of the presumed victims and of the expert opinions, either at the hearing or by affidavit,
as well as for the appearance of the inter-American defenders at the public hearing. Cf. Order of the President of
February 19, 2013, considering paragraph 4, http://www.corteidh.or.cr/docs/asuntos/pacheco_19 _02_13
300
Cf.
Order
of
the
President
of
February
http://www.corteidh.or.cr/docs/asuntos/pacheco_19 _02_13
85
19,
2013,
considering
paragraph
16,
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