reimbursed within six months of notification of this judgment.
H.
Method of complying with the payments ordered
256. The State shall make the payment of the compensation for pecuniary and non-pecuniary
damage and to reimburse and expenses established in this judgment directly to the persons and
organizations indicated herein, within one year of notification of this judgment, pursuant to the
following paragraphs.
257. If the beneficiary is deceased or dies before they receive the respective compensation, this
shall be delivered directly to their heirs, pursuant to the applicable domestic law.
258. Regarding the currency for the payment of the compensation and reimbursement of costs and
expenses, the State shall comply with its monetary obligations by payment in United States dollars
or, if this is not possible, the equivalent in Guatemalan currency, using the highest exchange rate
and the one most beneficial to the victims permitted by domestic law in force at the time of payment.
During the stage of monitoring compliance with judgment, the Court may make a prudent
readjustment of the equivalent of the said amounts in Guatemalan currency in order to avoid
exchange fluctuations substantially affecting the purchasing power of those amounts.
259. If, for reasons that can be attributed to the beneficiaries of the compensation or their heirs, it
were not possible to pay the amount determined within the indicated time frame, the State shall
deposit the said amount in their favor in a deposit account or certificate in a solvent Guatemalan
financial institution, in United States dollars, and in the most favorable conditions permitted by
banking law and practice. If the corresponding compensation is not claimed, after ten years the
amount shall be returned to the State with the interest accrued.
260. The amounts allocated in this judgment as compensation and to reimburse costs and expenses
shall be delivered to the persons and organisations indicated in full, as established in this judgment,
without any deduction due to possible taxes or charges.
261. If the State should incur arrears, including in the reimbursement of expenses to the Victims’ Legal
Assistance Fund of the Court, it shall pay interest on the amount owed corresponding to banking
interest on arrears in the Republic of Guatemala.
X
OPERATIVE PARAGRAPHS
THE COURT
DECIDES,
Unanimously,
1.
To reject the preliminary objection filed by the State, pursuant to paragraphs 18 and 19 of this
judgment.
DECLARES:
Unanimously, that:
2.
The State is responsible for the violation of the right to life established in Article 4(2) and (6)
of the American Convention on Human Rights, in relation to the obligation to ensure the rights
56
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