33
113. Based on the foregoing, the Court fixes the costs for judicial proceedings in
Peru at the sum of US$2,000.00 (two thousand United States dollars).
XIV
MODE OF COMPLIANCE
114. To be in compliance with this Judgment, within six months from the date of
its notification the State is to pay the compensation ordered in favor of the victim’s
next of kin, either as next of kin or as victims themselves, as appropriate. If any has
died, the compensation shall convey to his heirs. The State may fulfill its obligations
through payments in cash, either in United States dollars or its equivalent in Peru’s
local currency. The rate of exchange used to determine the equivalent value shall be
the selling rate for the United States dollar and the local currency of Peru quoted on
the New York market on the day prior to the date of the payment.
115. If for any reason it is not possible for the beneficiaries of the compensation to
receive it within that six-month period, the State is to place the amounts in question
in an account or a certificate of deposit in the beneficiary’s name, with a solvent and
secure financial institution, either in United States dollars or its equivalent in Peru’s
local currency, under the most favorable financial terms that banking law and
practice permit. If at the end of ten years the compensation is not claimed, the sum
shall be returned, with interest, to the State.
116. The compensation specified in this Judgment shall be exempt from any
existing or future national, provincial or municipal tax or duty.
117. Should the State be in arrears with its payments, it shall pay interest on the
amount owed, at the interest rate in effect in Peru.
118.
Now therefore,
THE COURT
DECIDES:
unanimously,
1.
To set the reparations that the State shall pay to the next of kin of Ernesto
Rafael Castillo-Páez at US$245,021.80 (two hundred forty-five thousand twenty-one
United States dollars and eighty cents) or its equivalent in local currency. The State
is to make these payments in the proportion and under the conditions set forth in
paragraphs 75, 76, 77, 90, 114, 115, 116 and 117 of this Judgment.
2.
That the State of Peru shall investigate the facts in the instant Case, identify
and punish those responsible and adopt the necessary domestic legal measures to
ensure that this obligation is fulfilled.
3.
That the payments indicated in operative paragraphs 1 and 5 shall be made
within six months from the date of notification of this Judgment.
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