91
F) Method of Compliance
254. The State must pay compensations in cash, and reimburse court costs and
expenses (supra paras. 225, 226, 238 and 253) within a year as following notice of
this Judgment. The other reparations measures ordered by the Court must be
complied with within a reasonable time (supra para. 248), or within the term
expressly set forth in this Judgment (supra para. 249).
255. The damages awarded to the victims shall be paid directly to them. Should
any victim die before receiving the corresponding compensation, the payment shall
be made to the heirs.
256. If, for reasons attributable to the beneficiaries of the compensations, it is not
possible for such beneficiaries to receive the payment within the term of one year,
the State shall deposit such amounts in an account or draw a certificate of deposit
with a reputable Brazilian banking institution, under the most favorable financial
conditions allowed by legislation and banking practice. If after ten years the
compensations were still unclaimed, the amounts shall be returned to the State, with
any interest accrued.
257. The payment ordered as compensation for court costs and expenses incurred
by the next of kin and the representatives before the domestic and the international
courts, as the case may be, shall be made to Albertina Viana-Lopes (supra para.
253), who shall distribute such funds as appropriate.
258. The State must fulfill its monetary obligations imposed in this Judgment by
tendering United States dollars or the equivalent amounts in Brazilian currency.
259. The amounts set forth in this Judgment as damages, court costs and
expenses shall be fully paid to the beneficiaries pursuant to this Judgment.
Therefore, they may not be affected, reduced or made conditional by tax laws
currently in force or to take effect in the future.
260. If the State is in arrears, it shall pay a default interest on the amount owed
equivalent to the Brazilian banking default interest.
261. In accordance with its constant practice, the Court will oversee compliance
with this Judgment in all its aspects. Such oversight power is inherent to the Court’s
judicial powers, and it is necessary for the Court to comply with its obligation under
Article 65 of the Convention. The instant case shall be deemed closed once the State
has fully complied with this Judgment. Within one year as from notice hereof, the
State shall submit a preliminary report to the Court on the measures adopted for the
purpose of complying with this Judgment.
XII
OPERATIVE PARAGRAPHS
262.
Therefore,