E. Reimbursement of expenses to the Victims’ Legal Assistance Fund
332. In 2008, the General Assembly of the Organization of American States (hereinafter “the
OAS”) created the Legal Assistance Fund of the Inter-American Human Rights System to “facilitate
access to the inter-American human rights system by persons who currently lack the resources
needed to bring their case before the system.”379 In the present case, the victims were granted the
necessary financial assistance from the Legal Assistance Fund for Sabino Gualinga, Marlon Santo,
Patricia Gualinga and Ena Santi to appear at the public hearing (supra paras. 8 and 11).
333. The State had the opportunity to present its observations on the disbursements made in the
instant case, which amounted to US$6,344.63 (six thousand three hundred and forty-four United
States dollars and sixty-two cents); however, it did not submit any observations in this regard.
Consequently, under article 5 of the Rules of the Fund, the Court must assess whether it is
appropriate to order the respondent State to reimburse the Legal Assistance Fund for the
disbursements made.
334. Based on the violations declared in this Judgment, the Court orders the State to reimburse
the Fund the sum of US$6,344.62 (six thousand three hundred and forty-four United States dollars
and sixty-two cents) for the said expenses related to the public hearing. This amount must be repaid
within 90 days of notification of this Judgment.
F. Method of compliance with the payments ordered
335. The State must pay the compensation established for pecuniary and non-pecuniary damage,
as well as for reimbursement of costs and expenses (supra para. 331), directly to the Sarayaku
People, through its authorities, as well as the corresponding payment for costs and expenses directly
to the representatives, within one year of notification of this Judgment, in the terms of the following
paragraphs.
336.
The State must comply with its obligations by payment in United States dollars.
337. If, for reasons that can be attributed to the beneficiaries, it is not possible for them to receive
the amounts ordered within the indicated period, the State must deposit these amounts in an
account or a certificate of deposit in an Ecuadorian financial institution under the most favorable
financial terms allowed by law and banking practice. If, after 10 years, the compensation has not
been claimed, the amounts will be returned to the State with the accrued interest.
338.
The amounts allocated in this Judgment as compensation and for reimbursement of costs
and expenses shall be delivered to the beneficiaries in their entirety, as established in this
Judgment, without deductions derived from eventual taxes or charges.
339. If the State should fall into arrears with its payments, it must pay interest on the amount
owed at the current bank interest rate on arrears in Ecuador.
G. Provisional measures
340. Provisional measures were ordered from the time this case was under consideration by the
Inter-American Commission (supra para. 5), in order to protect the life and integrity of the members
of the Sarayaku People by a series of actions to be implemented by the State. The protection
ordered was intended to prevent, inter alia, the obstruction of any eventual reparations that the
Court might order in its favor. Based on the observations regarding the assessment of the
information contained in the file on provisional measures (supra para. 48), and unlike most cases,
the specific group of beneficiaries of these measures of protection are, following the delivery of this
379
AG/RES. 2426 (XXXVIII-O/08). Resolution adopted by the thirty-eighth General Assembly of the OAS at the fourth
plenary session held on June 3, 2008, “Creation of the Legal Assistance Fund of the Inter-American Court of Human Rights”,
Operative paragraph 2.a, and Resolution CP/RES. 963 (1728/09), article 1(1).
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