59
Considerations of the Court
157. To comply with the instant Judgment, the State must pay the compensations
and reimbursement of legal costs and expenses within six months from the date it
receives notice of the instant Judgment.
158. Pursuant to its case law,109 the State can fulfill its pecuniary obligations by
payment in United States dollars or an equivalent amount in Argentinean currency,
using for this calculation the exchange rate between both currencies in the New York
Exchange, in the United States of America, the day before the payment.
159. Payment of the amount for pecuniary and non-pecuniary damages, as well as
legal costs and expenses set forth in the instant Judgment, cannot be subject to
currently existing taxes or levies or to any decreed in the future. In addition, if the
State were to be in arrears, it must pay interest on the amount owed, according to
the interest rate for arrearages in the Argentinean banking system. Finally, if for any
reason it were not possible for the beneficiaries to collect the respective payments
within twelve months, the State must deposit the respective amounts in the name of
said beneficiaries in an account or certificate of deposit, at a solid financial
institution, in United States dollars or their equivalent in Argentinean currency, under
the most favorable conditions allowed by banking laws and practices. If after ten
years the payment has not been claimed, the amount will return to the State
together with the interest accrued.
160. With respect to the compensation ordered in favor of the children Tamara
Florencia and Matías Emanuel Bulacio, the State must deposit the amounts in their
name in an investment in a solid Argentinean banking institution, in United States
dollars or their equivalent in Argentinean currency, within six months time, and
under the most favorable financial conditions allowed by banking laws and practices
while they are minors. If after five years from when said persons attain majority the
compensation has not been claimed, the capital and interest earned will be
distributed proportionally among the other beneficiaries of the reparations.
161. The Court reserves the authority to monitor integral compliance with the
instant Judgment. The international proceedings will only be closed once the State
has faithfully complied with the provisions of the instant decision.
109
Cf. Juan Humberto Sánchez Case, supra note 4, para. 197; “Five Pensioners” Case, supra note 4,
para. 183; Las Palmeras Case, Reparations, supra note 5, para. 92; El Caracazo Case, Reparations, supra
note 5, para. 139; Trujillo Oroza Case, Reparations, supra note 30, para. 137; Bámaca Velásquez Case,
Reparations, supra note 30, para. 100; Durand and Ugarte Case, Reparations, supra note 55, para. 28;
Cantoral Benavides Case, Reparations, supra note 30, para. 95; Barrios Altos Case. Reparations (Art.
63(1) American Convention on Human Rights). November 30, 2001 Judgment. Series C No. 87, para. 40;
Mayagna (Sumo) Awas Tingni Community Case, supra note 4, para. 170; Cesti Hurtado Case,
Reparations, supra note 30, para. 76; “Street Children” Case (Villagrán Morales at al.), Reparations, supra
note 30, para. 119; “White Van” Case (Paniagua Morales et al.). Reparations, supra note 30, para. 225;
Blake Case, Reparations, supra note 60, para. 71; Suárez Rosero Case, Reparations, supra note 47, para.
109; Castillo Páez Case, Reparations, supra note 26, para. 114; Loayza Tamayo Case, Reparations, supra
note 47, para. 188; Garrido and Baigorria Case, Reparations, supra note 47, para. 39; Caballero Delgado
and Santana Case, Reparations, supra note 47, para. 31; Neira Alegría et al. Case, Reparations, supra
note 47, para. 64; and El Amparo Case, Reparations, supra note 47, para. 45.
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