9
any ruling on the manner of compliance is irrelevant. The Court has already stated
that from the wording of the judgment, it is patently clear that the State has the
obligation to pay the amounts ordered and to do so in full and that in order to fulfill
this objective, Ecuador must employ the proper means to ensure that this obligation
is discharged promptly and efficiently, under the terms and within the time limit
ordered by the Court.
44.
The Court considers therefore that the payment of the costs and expenses
ordered for Mr. Suárez Rosero’s attorneys may not be subject to any tax levied by
the State.
VII
45.
Now, therefore,
THE COURT
DECIDES,
unanimously,
1.
That the request filed by the State of Ecuador for interpretation of the
January 20, 1999 Judgment delivered in the Suárez Rosero Case is
admissible.
2.
That the sums that the Court ordered in the judgment in question for
Mr. Rafael Iván Suárez Rosero and Mrs. Margarita Ramadán de Suárez shall
be paid promptly and in full. It is incumbent upon the State to exhaust all
measures to ensure prompt and efficient fulfillment of this obligation, under
the conditions and within the time limits established in that judgment and, in
particular, to adopt suitable measures to ensure that the legal deductions that
Ecuadorian financial institutions charge on all monetary transactions shall not
abridge the beneficiaries’ right to receive the full amounts ordered for them.
3.
That the payment that the Inter-American Court of Human Rights
ordered for the minor Micaela Suárez Ramadán in the judgment in question,
shall be deposited in full in the trust fund mentioned in paragraph 107 of the
judgment and that said amount shall not be subject to any tax at the time the
trust fund is set up or to any tax withholdings.
4.
That the attorneys for Mr. Suárez Rosero are to receive full and prompt
payment of the costs and expenses that the Inter-American Court of Human
Rights ordered in the judgment in question and that at time of payment, said
amount shall not be subject to any deductions or taxes.
Done in Spanish and in English, the Spanish text being authentic, in San José, Costa
Rica, May 29, 1999.