case given the advanced age of the victims. However, it did not refer to the points raised
in the requests for interpretation.
B.2. Considerations of the Court
24.
The Court ruled in the operative paragraphs of the Judgment that:
4. The 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 th[e]
judgment.
[...]
8. The State shall pay the amounts set in paragraphs 228 and 231 of this judgment
as compensation for nonpecuniary damage and court costs and attorney fees, under
the terms of paragraphs 232 to 238 of [the] Judgment.
25. For its part, the following was provided with respect to the modalities of compliance
with the payments ordered:
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.
233. The State must disburse the compensation for nonpecuniary damage determined
herein directly to the people named in the judgment, according to the information
given in Annex 1, as well as payment for court costs and attorney fees directly to the
people named in paragraph 231, within one year of the date of notification of this
judgment.
234. If beneficiaries have passed away or should pass away prior to the payment of
their due compensation, the money shall be delivered directly to their heirs under the
terms of applicable domestic legislation. This Court acknowledges that the
representatives have no information about the heirs of victims María Graciela
Cisternas Cisternas, María Apolina Lara Pereira and Heriberto Antonio Martínez
Salazar. The Court deems, in this regard, that in order to determine these peoples’
heirs, the State must run a notice in at least three editions of the Official Gazette,
over the course of six months, calling on the next of kin of these individuals to report
with the necessary information and informing them of the procedure to be followed
for these purposes.
235. The State must fulfill all its monetary obligations by means of payment in United
States dollars or the equivalent in national currency, calculated according to the
exchange rate on the market as published or calculated by a qualified banking or
financial authority on the day nearest to the date of payment.
236. If for causes attributable to the beneficiaries of the compensation or their heirs
it should prove impossible to pay the amounts established within the required term,
the State shall deposit the amount in their names into accounts or certificates of
deposit in a sound Chilean financial institution, in United States dollars, under the
most favorable financial conditions allowed by law and by banking practice. If the
compensation has not been claimed after ten years, the money shall revert to the
State with interest.
7