237. The amounts allocated in [the] judgment as compensation for restitution,
nonpecuniary damage and reimbursement of costs and expenses shall be disbursed
in their entirety to the assigned beneficiaries, as ordered in [the] judgment, with no
deductions for possible fiscal fees.
238. If the State should fall behind on payments, it must pay interest on the amounts
owed, based on overdue interest rates in effect for banks the Republic of Chile.
26. The State considers that it is not clear which paragraphs of this section are applicable
to the payment of restitution, and which are applicable to the payment of compensation and
reimbursement of costs and expenses. In response to this request, this Court recalls that
the parties must read the Judgment as a whole and not consider each paragraph of the
Judgment as if it were independent of the rest.
27. Thus, this Court considers that the criteria that apply for the payment of the amounts
established in the Judgment for restitution, and compensation for non-pecuniary damage,
as well as for the reimbursement of costs and expenses, are sufficiently clear and precise.
28. However, in order to facilitate compliance with the measures ordered, the Court
emphasizes that, from the joint reading of the operative paragraphs and the paragraphs on
the modalities of compliance, it is clear that paragraph 232 only refers to the modality of
compliance regarding the payment of the amounts established by this Judgment as a
restitution measure. It is clarified therefore that the possibility of paying in three installments
applies only to the amounts recognized as a restitution measure. Likewise, paragraph 233
literally establishes that it applies to the payment of compensation for non-pecuniary
damages and to the reimbursement of costs and expenses. Paragraph 234, which refers to
the method of payment of the beneficiaries who have died or who may die before the
respective amount is paid to them, applies to all amounts due, whether for restitution or
compensation for non-pecuniary damage. Similarly, paragraphs 235 and 236 apply to
payments of all amounts due to the beneficiaries for both restitution and compensation for
non-pecuniary damages. On the other hand, paragraph 237 literally states that it applies to
payments for restitution, non-pecuniary damage and reimbursement of costs and expenses.
29. Thus, it is considered that this aspect of the State's request is answered on the basis
of the literal wording of the aforementioned paragraphs. The Court will refer to the
applicability of paragraph 238 in the following section.
C.
On the adjustment of the amounts to be paid in three annual
installments relating to the restitution measure and the charging of
interest on arrears on the sums due
C.1. Arguments of the parties and of the Commission
30. The State asked for clarification of how the calculation of interest referred to in
paragraph 209 of the Judgment, in connection with paragraphs 232 and 238, would
operate. First, it requested clarification as to whether the calculation of interest stops
when the first payment is made, whether interest would accrue until the last payment
of the last annual installment, and when and how the State would fall into arrears and
until when interest would accrue with respect to both the payment of compensation for
non-pecuniary damage and the restitution owed with respect to the deceased victims.
In addition, it asked how interest would be calculated in cases in which the heirs of any
of the beneficiaries are not determined or, even if they are determined, the inheritance
proceedings have not been carried out. Secondly, Chile asked for clarification as to
whether the adjustment of the amounts would apply in respect of each tract in relation
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