40
142. Pursuant to that provided in paragraph 115, the State shall comply with its
obligations through the payment of dollars of the United States of America or an
equivalent amount in Peruvian currency, using for the corresponding calculation the
currency exchange rate in force in New York, United States of America, on the day prior
to the payment.
143. If for reasons attributable to the beneficiaries of the above indemnities or their
claimants they were not able to collect them within the period indicated, the State shall
deposit said amounts in an account held in the beneficiaries’ name or draw a certificate
of deposit from a reputable Peruvian financial institution in US dollars and under the
most favorable financial terms allowed by the legislation in force and customary banking
practice. If after 10 years compensation is still unclaimed, the corresponding amount,
plus any accrued interest, shall be returned to the State.
144. The amounts assigned in this Judgment for indemnity and reimbursement of costs
and expenses shall be paid to the individuals indicated in full and in keeping with the
provisions of this Ruling, without reductions for future tax obligations.
145. Should the State fall into arrears with its payments, it shall pay interest on the
amount owed corresponding to Peruvian banking default interest rates.
X
OPERATIVE PARAGRAPHS
146.
Therefore,
THE COURT,
DECLARES:
unanimously, that,
1.
It accepts the partial acknowledgment of international responsibility made by the
State, in the terms of paragraphs 23 and 26 of this Judgment.
2.
The State is responsible for the violation of the right to judicial protection
recognized in Article 25(1), with regard to Article 1(1) of the American Convention on
Human Rights, to the detriment of the 233 victims in this case, in the terms of
paragraphs 76 of this Judgment.
3.
The State is responsible for the violation of the right to private property
recognized in Article 21(1) and 21(2) with regard to Articles 25(1) and 1(1) of the
American Convention on Human Rights, to the detriment of the 233 victims in this case,
in the terms of paragraphs 84 and 85 of this Judgment.
AND ORDERS:
unanimously, that,
4.
This Judgment constitutes per se a form of reparation.
5.
The State shall pay, within one year, the amounts set in paragraph 132 of this
Judgment for compensation of pecuniary and non-pecuniary damages and for the
reimbursement of the corresponding costs and expenses according to the terms of
paragraphs 115, 132, 139, and 140 to 145 of the Judgment.