306. Taking into account the arguments presented by the parties, as well as the absence
of probative material, the Court finds in equity that the State must pay $12,000 USD
(twelve thousand dollars of the United States of America) to the victim for costs and
expenses. This amount shall be paid within the term of one year as of the notice of this
Judgment. Ms. Atala Riffo shall, in turn, pay the sum she considers appropriate to the
persons who acted as her representatives in the proceedings before the domestic and InterAmerican courts. Likewise, the Court specifies that in the process of monitoring compliance
with this Judgment, it may order the State to reimburse the victim or her representatives
for reasonable expenses that they may incur at that procedural stage.
F)
Method of compliance with the payments ordered
307. The State shall make the payment of the compensation for pecuniary and nonpecuniary damages directly to the victims or to their legal representatives, as well as the
reimbursement of costs and expenses, within the term of one year as of the notice of this
Judgment, pursuant to the terms of the following paragraphs.
308. Should the beneficiary die before payment of the respective compensation is made to
her, such amounts shall inure to the benefit of her heirs, pursuant to the provisions of the
applicable domestic legislation.
309. The State shall discharge its pecuniary obligations by tendering United States dollars
or an equivalent amount in Chilean currency, using for the corresponding estimate the
exchange rate between both currencies in force in New York, United States of America on
the day prior to the day payment is made.
310. If, for reasons attributable to the beneficiary of the compensations or her successors,
it is not possible for them to receive the amounts ordered within the indicated period, the
State shall deposit those amounts in an account held in the beneficiary’s name or in a
certificate of deposit from a reputable Chilean financial institution, in United States dollars
and under the most favorable financial terms allowed by law and banking practices. If, after
10 years, the compensation has not been claimed, these amounts shall be returned to the
State with the accrued interest.
311. The amounts allocated in this Judgment as compensation and reimbursement of
costs and expenses shall be delivered to the persons indicated in their entirety, pursuant to
the provisions of this Judgment, without deductions derived from future taxes.
312. If the State should fall into arrears with its payments, it shall pay interest on the
amount owed corresponding to banking interest rates on arrears in Chile.
313. As to the compensation ordered in favor of the girls M., V. and R., the State shall
deposit the amounts in a solvent Chilean financial institution in United States dollars. The
investments shall be made within the term of one year, under the most favorable financial
terms allowed by law and banking practice, while the beneficiaries are minors. Said
amounts may be withdrawn when the girls come of age, or before if this is in the girls’ best
interest, as the case may be, as established by a competent judicial authority. If, after 10
years counted from the time each of the girls comes of age, the corresponding indemnities
have not been claimed, these amount shall be returned to the State with the accrued
interest. As regards the girl V., for the purposes of reparations, the terms set forth in
paragraph 71 of this Judgment shall apply.
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