9
On this basis, we request that account number 111008.1 (that the Office of the Attorney General of the
Nation held with the Central Bank of Ecuador) be debited USD 117,137.55 (ONE HUNDRED AND
SEVENTEEN THOUSAND ONE HUNDRED AND THIRTY-SEVEN U.S. DOLLARS AND FIFTY-FIVE CENTS). This
amount should be transferred to the current account of DANIEL DAVID TIBI [...].
29.
Based on the foregoing, the willingness of the State to reasonably comply with this
obligation is evident. However, the Court notes that on the date when the transaction was
carried out and rejected (January 8, 2008), the amount transferred in dollars may have been
slightly different due to the euro-dollar exchange rate on that date. This, however, was not
contested by the representative. Therefore, the Court deems that the State has complied with
Operative Paragraph 14 subparagraph b) of the Judgment.
E)
Regarding the payment of interests corresponding to the amounts indicated in
Operative Paragraphs 14, 15, and 16 of the Judgment
30. Regarding the payment of interests that correspond to the compensation for pecuniary and
non-pecuniary damages, as well as compensation for costs and expenses, according to
paragraphs 278 7 and 279 8 of the Judgment, in its report of September 13, 2010, the State
indicated that in January 2010 the Ministry of Justice and Human Rights transferred USD
50,735.45 (fifty thousand seven hundred and thirty-five U.S. dollars and forty-five cents) for
overdue interest and that on February 3, 2010 the representatives reported that the victim had
received said amount. Consequently, the State considers that it has fully complied with this
obligation.
31.
In this regard, in their observations from December 17, 2009, the representatives stated
that due to the late payment of several compensations for pecuniary and non-pecuniary
damages and costs and expenses, overdue interest was accrued which totaled USD 50,735.45
(fifty thousand seven hundred and thirty-five U.S. dollars and forty-five cents), which was not
included in the amounts deposited by the State for Mr. Tibi and his relatives. Subsequently, in
their observations from October 24, 2010, the representatives expressed their satisfaction with
the State’s payment of February 2010 for the aforementioned overdue interest accrued on late
payments made by Ecuador in 2006.
32.
In its observations, the Inter-American Commission did not refer to the corresponding
interests.
33.
Consequently, taking into consideration the statements of the parties, the Court
considers that the State has complied with the payment of the corresponding interests, in
conformity with that ordered in Operative Paragraphs 14, 15 and 16 of the Judgment.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
7
It sets forth that “[i]n the event of late payment by the State, the State should pay interest on the amount
owed in accordance with default interest rates in Ecuador.”
8
It states that “as determined and practiced by the Court in all cases presented to it, the Court will monitor all
aspects of compliance with the instant Judgment, an oversight that is inherent to all jurisdictional functions of the Court
and necessary for the Court’s monitoring of Article 65 of the Convention. The case will be deemed concluded once the
State has fully complied with that set forth in the judgment.
In one year, starting from the notification of this
Judgment, the State will submit an initial report to the Court regarding the measures taken to comply with [the]
Judgment.”