16
material presented. Likewise, it considered it was important for the parties to give an
opinion regarding the content of the bill so as to include the necessary observations.
53.
That the Court values the will expressed by the State to comply with this aspect, as
to its commitment to include the deliberation of the bill that would modify Articles 236 and
309 of the penal Code in the period of ordinary sessions of the Congress of the present
year, and repeats that the reparation so ordered establishes the obligation for the
Legislative branch to modify such provision within a reasonable time. Furthermore, it is
Essentials to recall that treaty obligations of States Parties are binding on all the powers and
organs. Therefore, this Tribunal urges the State to fulfill, through all competent organs,
these obligations and deems it is necessary to receive further information on the specific
progress made to comply with such reforms.
*
*
*
Compensation for pecuniary and non-pecuniary damage
54.
That, as to the State’s obligation to pay the compensation for pecuniary and
non-pecuniary damage (operative paragraph thirteen and fourteen of the
Judgment), the State pointed out that “the sum of G. 921.707.200 corresponding to
the second installment of the payment has been estimated [and that on] July 22,
2009, by means of Decree N° 2.539, such payment was authorized". Therefore,
according to what it stated, in order to make the payment, it would be waiting for
the victims' next-of-kin to come to an agreement as to the determination of the
sums that, in relation to the second installment, would correspond to each one of
them. Likewise, it informed regarding the balance pending that it has been already
requested its inclusion in the Budget Proposal for the Fiscal Year 2010.
55.
That the representatives emphasized the difficult situation in which they were as a
result of the partial payments made by the State in relation to this aspect, due to the fact
that it was necessary to reach an agreement with the victims' next-of-kin regarding the
distribution of the installment. Based on the foregoing, they suggested the organization of a
work team formed by representatives of the Ministry of Finance and of the Government
Attorney’s Office, in order to participate in meetings with the victims’ next-of-kin, and help
them understand the current situation of the payments and its commitment to pay in full
the amounts established in the Judgment, plus the accrued interest. Said request was
accepted by the State, which repeated its will to fully comply with the decision of the
Tribunal.
56.
That the Commission referred to the need to have information regarding the date on
which the State could pay in full the compensations ordered in the Judgment, including the
accrued interest.
57.
That even though the State has ordered the payment in installments per year, the
Tribunal positively values the measures adopted and the will of the State to come to an
agreement with the victims and their representatives, in order to continue with the
execution of these measures of reparation. Moreover, it takes note of the commitment
made by the State to comply with the payment of the estimated sums in the current fiscal
year, within the term of one week as of the submission by the representatives of a
document establishing the proportional distribution of said sum, as well as the inclusion of