117
specified one-year term due to causes attributable to the victim, the State shall
deposit said amounts into an account to the beneficiary’s name or draw a certificate
of deposit from a reputable Chilean banking institution, in United States dollars,
under the most favorable financial terms available under the law and customary
banking practice in force. In the event that, after a term of ten years, compensation
were still to remain unclaimed, the amount thereof plus accrued interest shall be
returned to the State.
266. The amounts hereby set as compensation for pecuniary and non pecuniary
damage and reimbursement of costs and expenses shall not be reduced or
conditioned by currently existing or future tax-related reasons. Consequently, they
shall be delivered to the victims in full, as established in this Judgment.
267. Should the State fall into arrears, it shall pay interest on the amount owed, at
the banking arrearage interest rate applicable in Chile.
268. In accordance with its constant practice, the Court reserves its jurisdictional
authority to monitor full compliance with this Judgment. The instant case shall be
closed once the State has fully complied with the provisions hereof. Within one year
of notice of this Judgment, Chile shall provide the Court with a report on the
measures taken to fully comply herewith.
XIII
OPERATIVE PARAGRAPHS
269. Now Therefore,
THE COURT
DECLARES
Unanimously that:
1.
The State violated the right to freedom of thought and expression consecrated
in Article 13 of the American Convention on Human Rights, to the detriment of Mr.
Humberto Antonio Palamara-Iribarne, regarding the general obligations to respect
and guarantee rights and freedoms, and to adopt the domestic law regulations set
forth in Articles 1(1) and 2 of the above mentioned treaty, in the terms of
paragraphs 67 to 95 herein.
2.
The State violated the right to private property consecrated in Article 21(1) and
21(2) of the American Convention on Human Rights, to the detriment of Mr.
Humberto Antonio Palamara-Iribarne, regarding the general obligation to respect and
guarantee the rights set forth in Article 1(1) of the above mentioned treaty, in the
terms of paragraphs 99 to 111 herein.
3.
The State violated the right to fair trial consecrated in Article 8 of the
American Convention on Human Rights, subparagraphs 1, 5, 2(c), 2(d), 2(f), and
2(g), to the detriment of Mr. Humberto Antonio Palamara-Iribarne, regarding the
general obligations to respect and guarantee rights and freedoms and to adopt
the domestic law provisions set forth in Articles 1(1) and 2 of the above
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