-98to María Victoria Cruz Franco, Ernestina and Erlinda’s mother (supra para. 160(b)),
shall be divided equally among her children.
212. The payment of the compensation in favor of the siblings of Ernestina and
Erlinda Serrano Cruz shall be made directly to them. If any of them shall have died,
the payment shall be made to the heirs.
213. The payments corresponding to reimbursement of the costs and expenses
arising from the measures taken by the Asociación Pro-Búsqueda and CEJIL in the
domestic proceedings and in the international proceedings before the inter-American
system for the protection of human rights shall be made to these representatives, as
established in paragraph 207 of this judgment.
214. The amounts allocated in this judgment as compensation for pecuniary and
non-pecuniary damage and for reimbursement of costs and expenses shall not be
affected, reduced or conditioned by current or future taxes or charges. Consequently,
the total amount shall be delivered to the beneficiaries as established in this
judgment.
215. If, due to causes that can be attributed to the next of kin of the victims,
beneficiaries of the payment of compensation (supra paras. 152 and 160), they are
unable to receive it within the period indicated, the State shall deposit such amounts
in favor of the beneficiaries in an account or a deposit certificate in a reputable
Salvadoran banking institution in United States dollars in the most favorable
conditions permitted by banking practice and legislation. If, after ten years, the
compensation has not been claimed, the amount shall be returned to the State with
the interest earned.
216. If the State should delay payment, it shall pay interest on the amount owed,
corresponding to banking interest on arrears in El Salvador.
217. Pursuant to its consistent practice, the Court reserves the power inherent its
attributes to monitor complete compliance with this judgment. The case shall be
considered closed when the State has fully complied with the operative paragraphs
of this judgment. Within one year of notification of this judgment, El Salvador shall
provide the Court with a report on the measures adopted to comply with this
judgment.
XII
OPERATIVE PARAGRAPHS
218.
Therefore,
THE COURT,
DECLARES:
By six votes to one, that:
1.
The State has violated the right to judicial guarantees and judicial protection
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos