the necessary financial assistance would be granted to cover the reasonable expenses for the preparation and mailing of four affidavits indicated by the representatives. 246. On June 1, 2021, the report on the disbursements made in this case in application of the Legal Assistance Fund was forwarded to the State. These amounted to US$685.32 (six hundred and eighty-five United States dollars and thirty-two cents) and, as established in Article 5 of the Court’s Rules for the Operation of the said Fund, Paraguay was granted a time frame for presenting any comments it deemed pertinent. The State presented a brief on June 11, 2021, in which it indicated that, according to Article 2 of the Court’s Rules for the Operation of the Fund, the presumed victims “must demonstrate satisfactorily […] that they lack the economic resources necessary to cover the costs of litigation,” and therefore asked the Court to make a “prudent assessment of the need for the State to make this reimbursement, given the particularities of the case.” 247. In this regard, the Court recalls that, on the President’s instructions, in communications of July 28, 2020, the parties were informed that “the request presented by the representatives of the presumed victims to access the Fund was admissible,” precisely because they had met the requirements of the Court’s Rules for the Operation of the said Fund. The same communications noted that, in its answering brief, the Paraguayan State “had not contested the authorization to apply” the Fund. In the said order of the President of December 11, 2020, based on the contents of the communications of July 28, that year, “application of the Fund was declared admissible.” 248. Thus, the comment made by Paraguay refers to a matter examined and decided at the proper procedural moment, so that it is not in order for this judgment to include further considerations in this regard, especially when the State has failed to make any specific arguments addressed at questioning the application of the Fund in this specific case and did not do so in its answering brief either. 249. Consequently, the Court orders the State to reimburse the said Fund the sum of US$685,32 (six hundred and eighty-five United States dollars and thirty-two cents). This amount must be reimbursed within six months of notification of this judgment. H. Method of complying with the payments ordered 250. The State shall pay the compensation established in this judgment in favor of Bonifacio Ríos Ávalos for the concepts of restitution, pecuniary and non-pecuniary damage, and to reimburse costs and expenses directly to him, within one year of notification of this judgment. If the beneficiary should die before the respective compensation is delivered to him, this shall be delivered directly to his heirs pursuant to the applicable domestic law. 251. In the case of the compensation established in favor of Carlos Fernández Gadea for pecuniary and non-pecuniary damage, and to reimburse costs and expenses, the State shall pay this as indicated in paragraphs 215, 228 and 243, within one year of notification of this judgment. 252. The State shall comply with the monetary obligations by payment in United States dollars or the equivalent in domestic currency, using the market exchange rate published or calculated by a pertinent banking or financial authority on the date nearest to the day of payment. 253. If, for causes that can be attributed to the beneficiaries of the compensation or their heirs, it is not possible to pay the amounts established within the indicated time frame, the State shall deposit the said amounts in their favor in a deposit account or certificate in a 57

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos