G.
Reimbursement of expenses to the Victims’ Legal Assistance Fund
240. In an Order issued on February 12, 2018, and on June 21, 2018, the President granted
the necessary financial assistance in this case to cover the expenses incurred for submitting
the statements of the presumed victim and two expert witnesses, during the public hearing
or by affidavit.
241. The State had the opportunity to submit its observations on the disbursements made
in this case; however, it did not present any observations.
242. Therefore, in light of the violations declared in this judgment, and given that the
requirements to have access to this Fund were met, the Court orders the State to reimburse
said Fund for the sum of US$ 4,805.40 (four thousand, eight hundred and five United States
dollars and forty cents). Said amount shall be reimbursed within six months from notification
of this judgment.
H.
Method of compliance with the payments ordered
243. The State shall pay the compensation ordered in this judgment directly to Mr. Tulio
Álvarez Ramos. The reimbursement of costs and expenses established in this judgment shall
also be made directly to Mr. Álvarez (who shall pay his representatives the amount due,
according to the assistance provided to him) within one year from the date of notification of
this judgment, under the terms of the following paragraphs.
244. If the beneficiary should die before he receives the respective compensation, it shall
be paid directly to his rightful heirs, in accordance with the applicable domestic laws.
245. With respect to the currency for payment of the compensation ordered and the
reimbursement of costs and expenses, the State shall fulfill its monetary obligations through
payment in United States dollars or, if this is not possible, in its equivalent in Venezuelan
currency, using for the respective calculation the highest and most beneficial rate for the
victims permitted by the State’s current laws at the time of payment. During the stage of
monitoring compliance with the judgment, the Court may prudently readjust these amounts
in Venezuelan currency, so as to avoid exchange rate variations that would substantially affect
their purchasing power.
246. If, for reasons that can be attributed to the beneficiary of the compensation or to his
heirs, it is not possible for them to receive the amounts established within the indicated term,
the State shall deposit said amounts in their favor in an account or a certificate of deposit in
a solvent Venezuelan financial institution, in United States dollars, and on the most favorable
financial terms permitted by law and banking practice. If, after ten years, said sums have not
been claimed, they shall revert to the State with the accrued interest.
247. The amounts allocated in this judgment as compensation and as reimbursement of
costs and expenses shall be paid in full to the persons mentioned, as established in this
judgment, without any deductions arising from possible taxes or charges. If the State should
fall into arrears, including in the reimbursement of expenses to the Victims’ Legal Assistance
Fund, it shall pay interest on the amount owed, corresponding to the banking interest on
arrears in the Bolivarian Republic of Venezuela.
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