38
F. Method for complying with the payments ordered
152. The State shall make the payment of the non-pecuniary compensation established in
this judgment to the members of Pedro Castillo Mendoza’s family within one year of notification
of this judgment. Payment of the non-pecuniary compensation established in this judgment to
Roberto Girón’s two sons must be made within one year of their identification and accreditation
before the corresponding authorities.
153. If any of the beneficiaries is deceased or dies before the respective compensation is
delivered to them, this shall be delivered directly to their heirs in keeping with the applicable
domestic law.
154. The State shall comply with its monetary obligations by payment in United States
dollars or the equivalent in quetzals, using the exchange rate in force on the New York Stock
Exchange (United States of America) on the day preceding the payment to make the
calculation.
155. If, for reasons that can be attributed to the beneficiaries of the compensation or their
heirs, it were not possible to pay the amounts established within the indicated time frame, the
State shall deposit those amounts in their favor in a deposit account or certificate in a solvent
Guatemalan financial institution, in United States dollars, and in the most favorable financial
conditions permitted by banking law and practice. If the corresponding compensation is not
claimed after ten years the amounts shall be returned to the State with the interest accrued.
If Mr. Giron’s family members are not identified and do not come forward (supra para. 148),
the State shall not deposit the corresponding amount established as non-pecuniary
compensation.
156. The amounts allocated in this judgment as compensation shall be delivered to the
persons indicated in full, as established in this judgment, without any deductions derived from
possible taxes or charges. If the State should incur arrears, including in the reimbursement of
expenses to the Victim’s Legal Assistance Fund, it shall pay interest on the amount owed
corresponding to banking interest on arrears in the Republic of Guatemala
X
OPERATIVE PARAGRAPHS
157.
Therefore,
THE COURT,
DECLARES:
unanimously, that:
1.
The State is responsible for the violation of the right to life established in Article 4(1)
and 4(2) of the American Convention on Human Rights, in relation to the obligations established
in Articles 1(1) and 2 of the Convention, to the detriment of Roberto Girón and Pedro Castillo,
pursuant to paragraphs 63 to 72 and 74 of this judgment.
2.
The State is responsible for the violation of the right to personal integrity established in
Article 5(1) and 5(2) of the American Convention on Human Rights, in relation to the obligation
established in Article 1(1) of the Convention, to the detriment of Roberto Girón and Pedro
Castillo, pursuant to paragraphs 78 to 88 and 90 of this judgment.