113
F)
METHOD OF COMPLIANCE
246. In order to comply with the instant Judgment, the State must pay the compensations
for pecuniary and non pecuniary damage, and reimburse costs and expenses, within the
term of one year following notice of this Judgment (supra paras. 214, 215, 220 and 245).
With regard to the publication of the instant Judgment and the public acknowledgement of
liability and apology (supra paras. 237 and 235), the State has a six-month term, following
notice of this Judgment, to comply with said obligations. As regards the adequate treatment
of the disappeared victims' next of kin, the State must provide for the same from the date
of notice of this Judgment and for the period of time deemed necessary (supra para. 238).
Furthermore, Perú must take without delay the necessary actions to effectively conduct and
complete, within a reasonable time, the ongoing investigations and the criminal proceedings
pending in the domestic courts, and to carry out, as the case may be, the necessary
investigations to determine the criminal liability of the perpetrators of the violations
committed to the detriment of the victims (supra paras. 222 to 228). The State must
forthwith carry out the search and localization of the remains of the victims and, once
located, the State must deliver them as soon as practicable to the next of kin and give them
dignified burial (supra paras. 229 to 232. With regard to the education programs on human
rights, the State must implement them within a reasonable time (supra paras. 239 to 242).
247. The compensations established to the benefit of the relatives of the 10 executed or
disappeared victims shall be delivered directly to each beneficiary. If a beneficiary dies
before the date of payment, the compensation must be paid to the heirs according to
applicable domestic laws.188
248. If the beneficiaries of compensations are not able to receive the payments within the
specified term, due to causes attributable to them, the State shall deposit said amounts in
an account to the beneficiary’s name or draw a certificate of deposit from a reputable
Peruvian financial institution, in United States dollars, under the most favorable financial
terms the laws in force and customary banking practice allow. If after ten years
compensations were still unclaimed, these amounts plus any accrued interest shall be
returned to the State.
249. Payment of the costs and expenses incurred by the representatives in said
proceedings shall be made to Andrea Gisela Ortiz-Perea and Alejandrina Raida Cóndor-Saez,
who will in turn make the pertinent payments (supra para. 245).
250. The State may discharge its pecuniary obligations by tendering United States dollars
or an equivalent amount in the currency of Perú, at the New York, USA exchange rate
between both currencies on the day prior to the day payment is made.
251. The amounts allocated in this Judgment as compensations and reimbursement of
costs and expenses, shall not be affected, reduced or conditioned by taxing conditions now
existing or hereafter created. Therefore, beneficiaries shall therefore receive the total
amount as per the provisions herein.
252. Should the State fall into arrears with its payments, Peruvian banking default
interest rates shall be paid on the amount owed.
188
Cf. Case of Goiburú et al. supra note 1, para. 162; Case of Ximenes-Lopes, supra note 6, para. 240; and
Case of Baldeón-García, supra note 163, para. 192.
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