52
198. The State shall comply with the monetary obligations by payment in United States
dollars, or its equivalent in the national currency, using the exchange rate of the New York
Stock Exchange of the United States, the day before the payment.
199. If, for causes that can be attributed to the beneficiaries of the compensations or to
their heirs, it is not possible to pay the amounts established within the indicated time
frame, the State shall deposit said amount in their favor in a bank account or certificate
of deposit in a solvent Guatemalan financial institution, in United States dollars, and in
the most favorable conditions permitted by banking laws and practice. If the
corresponding amount is not claimed after ten years, the amounts shall be returned to
the State with the interest accrued.
200. The amounts allocated in this judgment as compensation for pecuniary and nonpecuniary damages shall be delivered in full to the persons and organizations indicated,
as established in this judgment, without any deductions arising from possible taxes or
charges.
IX.
OPERATING PARAGRAPHS
201. Therefore,
THE COURT
DECLARES,
unanimously, that:
1.
The State is responsible for violating the rights to judicial guarantees and judicial
protection established in Articles 8(1) and 25 (1) of the American Convention on Human
Rights, read in conjunction with Article 1(1) thereof, to the detriment of the persons
indicated in Annex B(1) of this judgment, in the terms of its paragraphs 77 to 98.
2.
The State is responsible for violating the right to life, contained in Article 4(1) of
the American Convention on Human Rights, in relation to the obligation to respect the
rights without discrimination established in Article 1(1) thereof, to the detriment of the
persons indicated in Annex B(2) of this judgment, in the terms of its paragraphs 104 to
107, 109 to 111 and 116 to 120.
3.
The State is responsible for violating the right to personal integrity, established
in Article 5(1) of the American Convention on Human Rights, in relation to the obligation
to respect the rights without discrimination established in Article 1(1) thereof, to the
detriment of the persons indicated in Annex B(3) of this judgment, in the terms of its
paragraphs 104 to 106, 108 to 112 and 116 to 120, and in relation to the obligation
established in Article 1(1) of the Convention, to the detriment of the persons indicated
in Annex B(5) of this judgment, in the terms of its paragraphs 123 to 129.