48
113. In the case of the next of kin of Federico Clemente Figueroa Túnchez and
Jovito Josué Juárez Cifuentes, the State indicated that they had not appeared at the
reparation proceeding and, despite this, the Court should decide on the amount that
will be destined to their legitimate heirs. In the judgment, the Court should decide
that the corresponding amount would be deposited in the Banco de Guatemala and
order that, should none of the next of kin of these persons appear, such sums
remain deposited for one year from the date on which the respective judgment is
delivered, so that the persons who believe that they have legitimate rights may
enforce them. If, once this period has expired, no one has made a claim, brought a
legal action or taken action in this regard, it requests the Court to order in the
judgment that the said amounts should be destined by the State to the Social
Welfare Secretariat of the Presidency of the Republic, which is the executing agent
for the street children plan. In that event, the programs that are implemented
should bear the names of Federico Clemente Figueroa Túnchez and Jovito Josué
Juárez Cifuentes.
The considerations of the Court
114. In order to comply with this judgment, the State must pay the
compensations, reimburse the costs and expenses and adopt the other measures
that are ordered within six months of the notification of the judgment.
115. The payment of the compensations established for the adult next of kin of the
victims shall be made directly to them in each case. If any of them shall have died
or dies, the payment shall be made to the heirs.
116. The reimbursement of the expenses and costs generated by the measures
taken by the representatives of the victims’ next of kin in the domestic proceedings
and in the international proceeding before the inter-American system for the
protection of human rights, shall be paid to Casa Alianza and to CEJIL, as determined
above (supra para. 109).
117. If, for any reason, it should not be possible for the beneficiaries of the
compensations to receive them within the indicated period of six months, the State
must deposit the said amounts in their favor in an account or a deposit certificate in
a solvent Guatemalan banking institution, in United States dollars or the equivalent
in Guatemalan currency, within a period of six months, and in the most favorable
financial conditions allowed by the law and banking practice. If, after ten years, the
compensation has not been claimed, the amount shall be returned, with the interest
earned, to the State of Guatemala.
118. With regard to the compensation for the minor beneficiary, the State shall
open an account or invest in a deposit certificate in a solvent Guatemalan banking
institution, in United States dollars or the equivalent in Guatemalan currency, within
a period of six months, and in the most favorable financial conditions allowed by the
law and banking practice. The benefits derived from interest will increase the net
worth, and the total amount shall be given to the minor, Osman Ravid Agreda
Contreras, when he attains his majority or when he marries. Should he die, the right
shall be transmitted to his heirs.
119. The State may comply with its obligations by making payments in United
States dollars or the equivalent in Guatemalan currency, using the exchange rate
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