77
Said quantity must includes the future costs of potential expenses to be incurred by the
Chitay Rodriguez family or their representatives at the domestic level and during the
process of supervision of compliance of the Judgment. In this case, given that the
accredited legal representative agreed upon a quote litis as fee, pursuant to the contract of
representation,296 this Tribunal will not rule on this matter.
F.
Method of fulfillment of the payment ordered
290. The State must effectuate the payment for the indemnities for pecuniary and nonpecuniary damages directly to the beneficiaries, and the payment for the costs and
expenses directly to Pedro Chitay, within a time period of one year beginning from the
notification of the present Judgment, in the terms of the following paragraphs.
291. The corresponding payments for the indemnities for pecuniary and non-pecuniary
harm suffered directly by Florencio Chitay Nech, shall be distributed in equal shares among
his heirs.
292. In case that the beneficiaries pass away prior to the delivery of their respective
compensation, it will be directly given to his or her heirs, pursuant to the applicable
internal law.
293. The State shall comply with the monetary obligations by means of payment in US
dollars or the equivalent in the national currency, using the exchange rate in effect in the
New York Stock Exchange, on the day prior to the payment.
294. If, for causes attributable to the beneficiaries of the compensation or their
successors, respectively, it is not possible to pay the amounts determined within the term
indicated, the State will deposit this amount in their name in an account or certificate of
deposit at a reliable Guatemalan financial institution, in US dollars, and under the most
favorable financial conditions allowed by law and banking practices. If after 10 years the
assigned amount has not been claimed, the amounts will be returned to the State along
with the interest accrued.
295. The amounts assigned in the present Judgment as reparation and reimbursement of
costs and expenses shall be given to the victims in their in a integral manner, pursuant to
that which has been established in this Judgment, without reductions stemming from
eventual financial reasons.
296. If the State were to be delayed, it should pay interest on the amount owed
corresponding to late interest rates for banks in Guatemala.
XIII
OPERATIVE PARAGRAPHS
309.
Therefore,
THE COURT
296
Cf. Contract for representation of victims and special judicial mandate with representation, celebrated in
Guatemala City on Decemeber 15, 2008, in favor of Attny. Astrid Odete Escobedo Barrondo (annexes of the
petition, annex 10, fs. 352 and 353).
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