17
70.
It falls to the Court to carefully assess the specific scope of those expenses,
for even though the attorneys for the injured party worked gratuitously, the Tribunal
understands that they had to incur certain expenses to process the present case
before the Inter-American system for the protection of human rights, for which
reason the Court considers it equitable to grant to the injured party indemnization of
US$10,000 (ten thousand dollars of the United States of America) as compensation
for the expenses resulting from its actions before this system.
XII
MODE OF COMPLIANCE
71.
To comply with this Judgment, the State is to pay the compensation ordered ,
within six months from the date of its notification, to Richard Blake, Mary Blake,
Richard Blake Jr., and Samuel Blake as the injured party . If any one of them has
died, the compensation shall be paid to the heirs. The State may fulfill its obligations
through payments to the beneficiaries or their duly accredited representatives in US
dollars or the equivalent in Guatemalan currency. The rate of exchange used to
determine the equivalent value shall be the selling rate for the United States dollar
and the Guatemalan currency in the market of New York, USA on the day prior to the
date of the payment.
72.
If, for any reason, it is not possible for the beneficiaries of the compensation
to receive it within the specified six month period, the State is to place the amounts
in question in an account or a certificate of deposit in the beneficiary’s name, with a
solvent and secure financial institution, either in United States dollars or its
equivalent in Guatemalan currency, under the most favorable financial terms that
banking law and practice permit. If at the end of ten years the compensation is not
claimed, the sum shall be returned, with interest, to the State.
73.
The compensation specified in this Judgment shall be exempt from any
existing or future national, provincial or municipal tax or duty.
74.
Should the State be in arrears with its payments, it shall pay interest on the
amount owed at the interest rate in effect in Guatemala.
XII
OPERATIVE PARAGRAPHS
75.
Now therefore,
THE COURT
DECIDES:
Unanimously
1.
To order the State of Guatemala to investigate the facts of the present case,
identify and punish those responsible, and adopt the measures in its domestic law
that are necessary to assure compliance with this obligation (in conformance with
operative paragraph three of the judgment on the merits), of which it will inform the
Court, semiannually, until the end of the corresponding actions.
2.
To order the State of Guatemala to pay: