82
most favorable financial conditions allowed by law and banking practice, while they
remain minors. It may be withdrawn by the beneficiaries when they attain their
majority or when so decided, in the best interests of the child as determined by a
competent judicial authority. If, ten years after the majority has been attained, this
compensation has not been claimed, the amount shall be returned to the State with
the interest earned.
152. The amounts allocated in this judgment for pecuniary and non-pecuniary
damage, and for costs and expenses may not be affected, reduced or conditioned by
current or future taxes or charges. Consequently, they shall be delivered to the
beneficiaries integrally, as established in this judgment.
153. If the State should delay payment, it shall pay interest on the amount owed,
corresponding to banking interest on arrears in Guatemala.
154. In accordance with its constant practice, the Court reserves the authority,
inherent in its attributes of monitoring full compliance with this judgment and shall
file this case when the State has complied fully with its provisions. Within one year
from notification of this judgment, the State shall provide the Court with a report on
the measures it has taken to comply with this judgment.
XII
OPERATIVE PARAGRAPHS
155.
Therefore,
THE COURT,
DECIDES:
Unanimously,
1.
To reaffirms its order of July 5, 2004, in which it
acknowledgement of international responsibility made by the State.
accepted
the
DECLARES:
Unanimously that:
1.
The State violated the rights embodied in the following articles of the
American Convention on Human Rights, in relation to Article 1(1) (Obligation to
Respect Rights) thereof:
a)
4(1) (Right to Life), to the detriment of Jorge Carpio Nicolle, Juan
Vicente Villacorta Fajardo, Alejandro Ávila Guzmán and Rigoberto Rivas
González;
b)
5(1) (Right to Humane Treatment), to the detriment of Sydney Shaw
Díaz, Martha Arrivillaga de Carpio, Mario Arturo López Arrivillaga, Sydney
Shaw Arrivillaga, Ricardo San Pedro Suárez, Jorge Carpio Arrivillaga, Rodrigo
Carpio Arrivillaga, Karen Fischer, Rodrigo Carpio Fischer, Daniela Carpio
Fischer, Silvia Arrivillaga de Villacorta, Álvaro Martín Villacorta Arrivillaga,
Silvia Piedad Villacorta Arrivillaga, Juan Carlos Villacorta Arrivillaga, María
Isabel Villacorta Arrivillaga, José Arturo Villacorta Arrivillaga, Rosa Everilda
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