the necessary expenses incurred. This amount must be reimbursed within six months of
notification of this judgment.
H. Method of compliance with the ordered payments
141. The State shall make the payment of the compensation established in this
Judgment for restitution, pecuniary and non-pecuniary damages, and reimbursement of
costs and expenses, directly to the person indicated therein, within a period of one year
from the date of notification of this Judgment, without prejudice to the possibility of
advancing full payment within a shorter period, in the terms of the following paragraphs.
142. In the event the beneficiary dies before the amount is paid, such payments will be
paid directly to his heirs, in accordance with the applicable domestic law.
143. The State must comply with its obligations, making payment in United States
dollars or their equivalent in national currency, making the respective calculation using
the market exchange rate published or calculated by a relevant banking or financial
authority, on the date closest to the day of payment.
144. If, for reasons attributable to the beneficiary of the compensation or his heirs, it is
not possible to pay the amounts determined within the indicated term, the State shall
deposit said amounts to them in an account or certificate of deposit in a financially sound
Paraguayan 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
the accrued interest.
145. The respective amounts set out in this judgment as compensation for pecuniary
and non-pecuniary damages, and the reimbursement of costs and expenses, must be
paid to said persons in full, in accordance with this judgment, without any reductions
arising from possible tax obligations.
146. In the event that the State incurs in default, including the reimbursement to the
Victims' Legal Assistance Fund, it shall pay interest on the amount owed corresponding
to the default bank interest of the Republic of Paraguay.
VIII
OPERATIVE PARAGRAPHS
147. Therefore,
THE COURT
DECLARES,
Unanimously that:
1.
The State is responsible for the violation of the guarantee of an impartial judge,
enshrined in Article 8(1) of the American Convention on Human Rights, in relation to
Article 1(1) of the same instrument, to the detriment of Alejandro Nissen Pessolani, in
the terms of paragraphs 64 to 76 of this Judgment.
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