financial disbursements,
established.”316
the
items
and
their
justification
must
be
clearly
330. The Court has verified that the representatives incurred expenses before this
Court with regard to transportation, and courier and communication services, among
others, and they forwarded some vouchers with their final arguments brief. However,
the representatives did not submit detailed evidence on the rest of the expenses that
they have supposedly incurred, although it is logical to assume that the domestic
proceedings and the proceedings before the Inter-American Commission entailed
certain expenses.
331. Based on the above, the Court establishes, in equity, the amount of
US$25,000.00 (twenty-five thousand United States dollars) for expenses in the
litigation of this case. The said amount must be paid by the State to the leaders of the
Community, who in turn, will pay Tierraviva the amount the Community considers
appropriate to reimburse the expenses incurred by this organization. When monitoring
compliance with this judgment, the Court may require the State to reimburse the
victims or their representatives the duly authenticated reasonable costs.
8.
Means of complying with the payments ordered
332. The State must make the payments of the compensation for pecuniary and nonpecuniary damages, as well as the reimbursement of costs and expenses, directly to
the Community through their duly chosen leaders, in keeping with their traditions and
customs. This must be done within two years of notification of this judgment and in the
terms of the following paragraphs.
333. The State must comply with its pecuniary obligations by payment in United
States dollars or the equivalent in national currency, using the exchange rate in force
on the New York, United States of America, market the day before the payment is
made.
334. If, for reasons that can be attributed to the beneficiaries of the compensation, it
is not possible to pay the amounts established within the time specified, the State shall
deposit the said amounts in an account or a certificate of deposit in their favor in a
Paraguayan financial institution, under the most favorable financial conditions allowed
by banking practice and law. If, after 10 years, the amount deposited has not been
claimed, it shall be returned to the State with the accrued interest.
335. The amounts assigned in this judgment must be delivered to the Community in
full, as established in this judgment, with no reductions for eventual taxes or charges
336. If the State falls into arrears, it shall pay interest on the amount owed,
corresponding to the bank interest on arrears in Paraguay.
XIII
OPERATIVE PARAGRAPHS
337.
Therefore,
316
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra note 314, para. 277; Case of the
“Dos Erres” Massacre v. Guatemala, supra note 12, para. 301, and Case of Chitay Nech et al. v. Guatemala,
supra note 8, para. 284.
75
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