to the best banking practices on the administration of third-party funds, with full respect for
the confidentiality and personal data of the victims and their heirs, in order to comply with
the Judgment. Likewise, they requested that the State of Chile be ordered that the updated
determination of the amounts and their payment for each one of the installments be made
directly into the aforementioned account and with the collaboration of said financial
institution. The same practice should apply to the payment of expenses and costs during
the compliance stage and the updated reversion of the balances 10 years after notification
of the Judgment, with the common representative having to inform the Court that said
payments have been made.
15. The Commission observed that clarifying the doubts put forward by the State can
facilitate the process of monitoring the Judgment and expedite compliance with the
reparation measures, which is extremely important in the instant case given the
advanced age of the victims. However, it did not specifically comment on actual issues
submitted in the request for interpretation.
A.2. Considerations of the Court
16. The Court considers it pertinent to clarify the meaning of the expression "annual
installments" used in paragraph 232 of the Judgment with respect to the method of
compliance with the reparation measure ordered in the fourth operative paragraph,
according to which: "[t]he State shall make cash payment of the amounts owed to the
victims for restitution, under the terms set in paragraphs 205 to 209 and 232 to 238 of
[the] Judgment”. In said paragraph, the Court determined the following:
232. The payment of the amounts granted by this judgment as restitution must be
disbursed directly to the people whose names are listed in Annex 1 in three annual
installments, the first to be paid within one year of notification of this judgment. The
amounts of these installments should be calculated on the basis of the amounts given
in Annex 2, to be updated to the date of payment according to the readjusted CPI
calculated by the National Bureau of Statistics from July 31, 2020 through the time
when payment is actually made, and the maximum allowable interest rate for
readjustable operations as of that same date, based on the provisions of Article 63 of
the Labor code (supra para. 207). After the State works out the individual amounts
to be paid to each person, it must so notify the beneficiaries and their representatives
as soon as possible.
17. Indeed, from the reading of the paragraph, doubts may arise as to the meaning of
the term "installment" and this may impact the compliance with the order, without this
fact changing the meaning of the Judgment.
18. Consequently, the Court emphasizes that the State must effectively pay the totality
of the amounts established in the Judgment as a restitution measure. This payment can
be made in three installments, the first to be paid no later than December 21, 2022; the
second no later than December 21, 2023; and the third no later than December 21,
2024. This division of the total payment into three installments is made for the benefit
of the State. Notwithstanding the foregoing, the State may opt for a form of payment
that is more beneficial to the victims and, therefore, transfer the full amounts awarded
in one lump sum, no later than 21 December 2022.
19. Regarding the representatives' request that the Court require the State to establish a
payment mechanism through the representative of the victims, this Court notes that the
representatives had already made a similar request during the proceedings, which was
referred to in paragraph 198 of the Judgment. On the other hand, in paragraph 209 of the
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