together with their final written arguments, receipts accrediting the expenses incurred to
reimburse said disbursements, the respective documents were never submitted. By virtue of the
foregoing, the State is not ordered to reimburse any amount for disbursements charged to the
Fund.
I. Method of compliance with the ordered payments
245. The State must pay the amounts established as compensation for pecuniary and nonpecuniary damages established in this Judgment directly to the persons identified, within a
period of one year after this Judgment is notified. Except as already considered in this
Judgment, in the event that any of the beneficiaries die before the respective compensation
is paid, such payments will be made directly to their heirs, in accordance with the applicable
domestic law.
246. The State must comply with its monetary obligations by paying in U.S. dollars.
247. If, for reasons attributable to the beneficiaries of the compensation or their heirs, it is
not possible to pay the amounts determined within the indicated period, the State shall deposit
said amounts to them in an account or certificate of deposit in a solvent Ecuadorian financial
institution, in U.S. dollars, and under the most favorable financial conditions permitted by law
and banking practice. If the corresponding compensation is not claimed after ten years have
elapsed, the amounts will be returned to the State with accrued interest.
248. The respective amounts corresponding to compensation for pecuniary and non-pecuniary
damage must be paid to said persons in full, in accordance with this Judgment, without any
reductions derived from eventual fiscal charges.
249. In the event that the State incurs in arrears, it must pay interest on the amount owed
corresponding to the default bank interest in Ecuador.
X
OPERATIVE PARAGRAPHS
250. Therefore,
THE COURT
DECIDES,
Unanimously:
1.
To dismiss the preliminary objection for lack of jurisdiction as to the claims related to
property, due to the factual framework determined by the Commission, in the terms of
paragraphs 22 to 24 of this Judgment.
DECLARES,
Unanimously, that:
2.
The State is internationally responsible for the violation of the rights to life and humane
treatment, recognized in Articles 4(1) and 5(1) of the American Convention on Human Rights,
in relation to the obligations to respect and guarantee the rights and to adopt provisions of
domestic law established in articles 1(1) and 2 of the same international instrument, to the
detriment of Luis Eduardo Casierra Quiñonez, and his brothers Andrés Alejandro and Sebastián
Darlin, with the surnames Casierra Quiñonez, under the terms of paragraphs 102 to 126 and
52