171. If any of the beneficiaries should be deceased before they receive the respective compensation, this shall be delivered directly to their heirs in keeping with the applicable domestic law. 172. Regarding to the currency for the payment of compensation and reimbursement of costs and expenses, the State must comply with its monetary obligations by payment in United States dollars or, if this is not possible, in the equivalent in Venezuelan currency, using the highest and most beneficial rate for the victims permitted by domestic law at the time of the payment to make the respective calculation. At the stage of monitoring compliance with the judgment, the Court may make a prudent readjustment in the equivalent of these amounts in Venezuelan currency to avoid exchange fluctuations substantially affecting their purchasing power. 173. If, for causes that can be attributed to the beneficiaries of the compensation or their heirs, it were not possible to pay the sums established within the indicated time frame, the State shall deposit such sums in their favor in a deposit certificate or account in a solvent Venezuelan financial institution, in United States dollars, and in the most favorable financial conditions permitted by banking law and practice. If the corresponding compensation is not claimed, after ten years the sums shall be returned to the State with the interest accrued. 174. The sums allocated in this judgment as compensation and reimbursement of costs and expenses shall be delivered to the individuals and organizations indicated in full, as established in this judgment, without any deductions derived from possible taxes or charges. 175. If the State should incur in arrears, including in the reimbursement of expenses to the Victims’ Legal Assistance Fund of the Court, it shall pay interest on the amount owed corresponding to banking interest on arrears in the Bolivarian Republic of Venezuela. IX. OPERATIVE PARAGRAPHS 176. Therefore, THE COURT DECIDES: By six votes to one, 1. To reject the preliminary objection filed by the State concerning the failure to exhaust domestic remedies, pursuant to paragraphs 16 to 22 of this judgment. Dissenting Judge Eduardo Vio Grossi DECLARES: By six votes to one that: 2. The State is responsible for the violation of the obligation to respect and ensure the right to life recognized in Article 4 of the American Convention on Human Rights, in relation to Article 1(1) of this instrument, to the detriment of David Octavio Díaz Loreto, Robert Ignacio Díaz Loreto and Octavio Ignacio Díaz Loreto, pursuant to paragraphs 63 to 89 of this judgment. Dissenting Judge Eduardo Vio Grossi -48-