45
164. If for reasons attributable to the beneficiaries of the compensations, it was not possible for
them to receive the payment within the term indicated (supra para. 139, 140 and 146), the State
shall deposit the said amounts in favor of the beneficiaries in an account or a certificate of deposit
of a solvent Ecuadorian banking institution, under the most favorable financial conditions allowed
by the legislation and banking practice. If the compensation has not been claimed after ten years,
the amounts shall be returned to the State, with any interest accrued.
165. The payment ordered as compensation for costs and expenses incurred
representatives throughout the said proceedings shall be made directly to the CEDUH.
by
the
166.
The amounts set forth in the present Judgment as compensations and reimbursement of
costs and expenses may not be affected or made conditional by tax laws currently in force or to
take effect in the future. Therefore, they shall be fully paid to the beneficiaries as set froth in the
preset Judgment.
167. Should the State falls behind, it shall pay interests over the amount due, corresponding to
banking default interest rates in Ecuador.
168. In accordance with its constant practice, the Court retains its authority, inherent to its
functions and derived from Article 65 of the American Convention, to monitor full execution of this
Judgment. The instant case shall be closed once the State has fully complied with the provisions
ordered herein. Within one year from the notification of the instant Judgment, Ecuador shall submit
a report to the Court on the measures adopted in compliance with this Judgment.
X
OPERATIVE PARAGRAPHS
169. Therefore,
THE COURT
DECLARES:
Unanimously that:
1.
It accepts the partial aknowledgement of international responsibility made by the State for
the violation of the rights to judicial guarantees and judicial protection enshrined in Articles 8(1)
and 25 of the American Convention on Human Rights, and for failing to fulfill its obligations
regarding the suspension of guarantees established in Article 27 of the American Convention on
Human Rights, as set forth in paragraphs 8 to 31 of the present Judgment.
2.
The State failed to fulfill its obligations regarding the suspension of guarantees, established
in Article 27(1), 27(2) and 27(3) of the American Convention on Human Rights, in conjunction with
its obligations to respect rights and to adopt domestic measures with regard to the rights to life,
judicial guarantees and judicial protection, respectively enshrined in Articles 1(1), 2, 4, 8(1) and 25
of the said Convention, as set forth in paragraphs 42 to 71 of the present Judgment.
3.
The State violated the right to life enshrined in Article 4(1) of the American Convention on
Human Rights, in conjunction with its obligations to respect and ensure the rights recognized
therein established in Article 1(1) of the said Convention, for the arbitrary deprivation of the life of
Mr. Wilmer Zambrano Vélez, Mr. Segundo Olmedo Caicedo Cobeña and Mr. José Miguel Caicedo