283. If the beneficiaries should die before the respective indemnities are paid, such
amounts shall be paid directly to their heirs, according to the provisions of the applicable
domestic legislation.
284. The State shall discharge its pecuniary obligations by tendering payment in dollars
of the United States of America or in Guatemalan currency, calculated according to the
exchange rate between both currencies in effect at the New York stock exchange, United
States of America, on the day prior to payment.
285. If, for reasons attributable to the beneficiaries of the compensation, it is not
possible for them to receive the amounts ordered within the period indicated, the State
shall deposit those amounts in an account held in the beneficiaries’ names or in a
certificate of deposit in a Guatemalan financial institution and under the most favorable
financial terms allowed by the legislation in force and customary banking practice in
Guatemala. If, after ten years, the compensation has not been claimed, these amounts
shall be returned to the State with the accrued interest.
286. The amounts allocated in this Judgment as compensation and as reimbursement of
costs and expenses shall be delivered to the victims in their entirety in accordance with
the provisions of this Judgment, without deductions derived from future taxes.
287. Should the State fall into arrears with its payments, it shall pay interest on the
amount owed, corresponding to the banking default interest rates in Guatemala.
X
OPERATIVE PARAGRAPHS
288.
Therefore,
THE COURT
DECIDES,
unanimously,
1.
To dismiss the preliminary objection filed by the State regarding the failure to
exhaust domestic remedies, under the terms of paragraphs 20 to 25 of this Judgment.
unanimously,
2.
To dismiss the preliminary objection filed by the State regarding the supposed
violation of its right to defense in the proceedings before the Inter-American Commission
on Human Rights, in accordance with paragraphs 28 to 31 of this Judgment.
DECLARES,
unanimously, that:
3.
The State violated the right to personal integrity recognized in Article 5(1) of the
American Convention on Human Rights, in relation to Article 1(1) thereof, to the detriment
of B.A., C.A., E.A., D.A., F.A., G.A., I.A., J.A., M.A., N.A., L.A. and K.A., and in relation to
Article 19 of the Convention to the detriment of J.A., N.A. and K.A., who were children at
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