- 99 indicated herein, within one year of notification of this Judgment, without prejudice to making full
payment before this.
324. If the beneficiaries are deceased or die before they receive the respective amount, this will
be delivered directly to their heirs, pursuant to the applicable domestic law.
325. The State must comply with the monetary obligations by payment in United States dollars or
the equivalent in national currency, using the exchange rate in force on the New York Stock
Exchange (United States of America), the day before the payment to make the calculation.
326. If, for reasons that can be attributed to the beneficiary of the compensation or his heirs, it is
not possible to pay the amounts established within the time frame indicated, the State shall
deposit these amounts in his favor in an account or certificate of deposit in a solvent Peruvian
financial institution, in United States dollars, and in the most favorable financial terms permitted by
the State’s banking practice and law. If the corresponding compensation is not claimed, after 10
years the amounts shall be returned to the State with the interest accrued.
327. The amounts allocated in this Judgment as compensation for pecuniary and non-pecuniary
damage and to reimburse costs and expenses shall be delivered to the persons indicated integrally,
in accordance with this Judgment, without any deductions arising from possible taxes or charges.
328. If the State shall incur in arrears, it shall pay interest on the amount owed corresponding to
bank interest on arrears in the Republic of Peru.
XIII
OPERATIVE PARAGRAPHS
329. Therefore,
THE COURT
DECIDES,
By five votes to one,
1.
To reject the preliminary objection filed by the State concerning the exhaustion of domestic
remedies, in the terms of paragraphs 21 to 30 of this Judgment.
Judge Vio Grossi dissenting.
DECLARES,
By five votes to one, that:
2.
As described in paragraphs 124 to 188, it would not be legally possible at this time to impose
the death penalty, and it has not been proved that the extradition would expose Wong Ho Wing to
a real, foreseeable and personal risk of being subject to treatment contrary to his personal
integrity; thus, if he is extradited, the State would not be responsible for violating its obligation to
ensure his rights to life and to personal integrity recognized in Articles 4 and 5 of the Convention,