CALDH informed this Court that it was "not in a position" to continue with the representation of the
alleged victims or their next of kin. In consideration of the foregoing, and given the impossibility of
contacting the alleged surviving victim (Mr. Rodríguez Revolorio), the Court requested the AIDEF to
assign an inter-American defender to assume the legal representation of the alleged victims. On
March 22, 2018, AIDEF reported on the appointment of two inter-American public defenders, who
would exercise the legal representation of the alleged victims in the instant case. After finally being
able to contact Mr. Rodríguez Revolorio, on April 13, 2018, he was sent a note from the Secretariat
requesting him to ratify his agreement to be represented before this Court by the inter-American
public defenders or, if not, to appoint a different legal representative. Mr. Rodríguez Revolorio
provided a response to said request on May 16, 2018, in which he stated that he designated the
inter-American defenders assigned to assume his representation before the Court. In view of the
foregoing, it is clear that the appointment of the inter-American defenders was duly justified in the
instant case.
184. In light of Article 5 of the Rules of the Fund, in view of the violations declared in this Judgment
and the fact that the requirements for access to the Fund were met, the Court orders the State to
reimburse the Fund the amount of USD$ 1,943.20 (one thousand nine hundred and forty-three
United States dollars and twenty cents) for the necessary expenses incurred. This amount must be
reimbursed within six months of notification of this Judgment.
I. Method of compliance with the payments ordered
185. The State shall make the payments of the compensation for non-pecuniary damage and to
reimburse costs and expenses established in this judgment directly to the persons indicated herein,
within one year of notification of this judgment, in the terms of the following paragraphs.
186. If any of the beneficiaries is deceased or dies before they receive the respective amount, this
shall be delivered directly to their heirs, pursuant to the applicable domestic law.
187. As regards the currency of payment of compensation and reimbursement of costs and
expenses, the State shall comply with its pecuniary obligations by payment in United States dollars
or the equivalent in Guatemalan currency, using for the respective calculation the highest and most
beneficial rate for the victims allowed by its domestic legislation, in force at the time of payment.
During the stage of monitoring compliance with the judgment, the Court may prudently readjust the
equivalent of these figures in Guatemalan currency, in order to prevent exchange rate variations
from substantially affecting the purchasing value of these amounts.
188. If, for reasons that can be attributed to the beneficiaries of the compensation or their heirs,
it is not possible to pay the amounts established within the established time frame, the State shall
deposit the said amounts in their favor in a deposit account or certificate in a solvent Guatemalan
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 within ten years, the
amounts shall be returned to the State with the interest accrued.
189. The sums allocated in this judgment as compensation for non-pecuniary damage and to
reimburse costs and expenses must be delivered to the persons indicated in full, as established in
this judgment, without any deductions derived from possible taxes or charges.
190. In the event that the State 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 the banking interest on arrears in the Republic of Guatemala.
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