43
183. The Court considers the victim’s claims to be reasonable, save for those
relating to the deadline for payment and the method of payment to the victim’s son.
As regards the deadline, the jurisprudence of the Court has consistently been to give
States a period of six months in which to comply with the obligations established in
reparations judgments.
184. As for the payment owed to Paul Abelardo Zambrano-Loayza, the latter is so
close to majority age that the formalities required to set up a trust fund are
unwarranted and could even obstruct execution of the Judgment and thus be
contrary to the interests of justice. For this reason, the Court is ordering that the
amount awarded to Paul Abelardo Zambrano-Loayza be deposited in a solvent
banking institution of recognized standing, in an interest-bearing, fixed-term
certificate of deposit, at the most favorable terms under banking practice in Peru.
That certificate of deposit should mature on the date Mr. Paul Abelardo ZambranoLoayza attains his majority.
185. To comply with this Judgment, the State shall execute the measures of
restitution, pay compensatory damages, reimburse fees and costs and take the other
measures ordered within the six-month period following the date of notification of
this Judgment.
186. In the case of the compensatory damages, they shall be paid directly to the
victim and to her adult next of kin; if any has died, payment shall be made to his or
her heirs.
187. If within one year following the date of notification of this Judgment or
maturity of the certificate of deposit described in paragraph 184, a beneficiary fails
to appear to receive the payment he or she is due, the State shall put the amount
owed, in United States dollars, in a trust fund in said individual’s name, with a
banking institution of recognized solvency in Peru and under the most favorable
banking terms. If ten years after the trust fund’s establishment said person or his or
her have has not claimed the funds, the sum shall be returned to the State and this
Judgment shall be considered honored.
188. The State may fulfill these obligations through payments in United States
dollars or in an equivalent cash amount in the local currency of Peru. The rate of
exchange used to determine the equivalent value shall be the selling rate for the
United States dollar and the Peruvian currency quoted on the New York market on
the day prior to the date of the payment.
189. The compensations paid shall be exempt from all taxes currently in existence
or that may be enacted in the future.
190. Should the State be delinquent on any payment, it shall pay interest on the
amount owed at the interest rate in effect in Peru’s banking system for cases of
delinquency.
191. In keeping with its consistent practice and its obligations under the American
Convention, the Court will oversee compliance with this judgment.
XVII
OPERATIVE PARAGRAPHS
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