81
level, and those that refer to justice at the international level before the two
instances: the Commission and the Court.142
145. Consequently, the Court considers it fair to order the State to reimburse
Martha Arrivillaga de Carpio, Rodrigo Carpio Arrivillaga and Jorge Carpio Arrivillaga
the total amount of US$62,000.00 (sixty-two thousand United States dollars) for the
costs and expenses they incurred. Of this total, the amount of US$25,000.00
(twenty-five thousand United States dollars) shall correspond to the costs and
expenses incurred by Martha Arrivillaga de Carpio and the amount of US$12,500.00
(twelve thousand five hundred United States dollars) each, to the costs and
expenses incurred by Rodrigo and Jorge Carpio Arrivillaga. The amount of
US$12,000.00 (twelve thousand United States dollars) shall correspond to the costs
and expenses that Martha Arrivillaga de Carpio, Rodrigo Carpio Arrivillaga and Jorge
Carpio Arrivillaga must reimburse CEJIL for the expenses it assumed in the
international proceedings before the inter-American system for the protection of
human rights.
XI
MEANS OF COMPLIANCE
146. To comply with this judgment, Guatemala shall pay the compensation (supra
paras. 106 to 113 and 120) and reimburse the costs and expenses (supra para. 145)
within one year from notification of this judgment. Regarding the publication of the
pertinent part of the judgment (supra para. 138) and the public act acknowledging
international responsibility and in reparation (supra paras. 136 and 137), the State
shall comply with these measures within six months of notification of the judgment.
147. The payment of the compensation established shall be made as provided for
in paragraphs 97 to 100 of this judgment.
148. The payments for reimbursement of costs and expenses shall be made as
provided for in paragraph 145 of this judgment.
149. The State may comply with its pecuniary obligations by payment in United
States dollars or the equivalent amount in local currency, using the exchange rate
between the two currencies in force on the New York, United States of America,
market, the day before the payment.
150. If, due to causes that can be attributed to the beneficiaries of the
compensation, they are unable to receive it within the said period of one year from
notification of this judgment, the State shall deposit the amounts in favor of the
beneficiaries in an account or a deposit certificate in a reputable Guatemalan banking
institution, in United States dollars or national currency, in the most favorable
financial conditions allowed by law and banking practice. If after ten years, the
compensation has not been claimed, the amount shall be returned to the State with
the interest earned.
151. The State shall deposit the compensation ordered in favor of the beneficiaries
who are minors in a bank investment in their name in a reputable Guatemalan
banking institution, in United States dollars or national currency, at the choice of
their legal representatives. The investment shall be made within one year, in the
142
Cf. Case of Tibi, supra note 11, para. 269; Case of the “Juvenile Reeducation Institute”, supra
note 11, para. 329; and Case of Ricardo Canese, supra note 11, para. 213.
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