98
(United States of America) stock market the day before the payment. If, for causes that can
be attributed to the beneficiaries of the compensation or their heirs it is not possible to pay
the said amounts within the indicated time frame, the State shall deposit the said amounts
in their favor in an account or certificate of deposit in a solvent Guatemalan financial
institution, in United States dollars, and in the most favorable financial conditions allowed
by banking practice and law. If the corresponding compensation is not claimed, after ten
years the amounts shall be returned to the State with the interest accrued.
319. The amounts allocated in this Judgment as compensation and reimbursement of
costs and expenses must be delivered to the persons indicated in full, as established in this
Judgment, without any reductions due to eventual taxes or charges.
320. If the State should fall in arrears, it shall pay interest on the amount owed
corresponding to banking interest on arrears in the Republic of Guatemala.
321. In accordance with its consistent practice, the Court reserves the authority inherent
in its powers and also derived from Article 65 of the American Convention, to monitor full
compliance with this Judgment. The case will be concluded when the State has complied
fully with the provisions of this Judgment.
322. Within one year of notification of this Judgment, the State must provide the Court
with a report on the measures taken to comply with it.
XII
OPERATIVE PARAGRAPHS
323.
Therefore,
THE COURT
DECIDES,
unanimously,
1.
To reject the preliminary objection filed by the State concerning the lack of material
competence of the Inter-American Court of Human Rights to examine Article 7 of the InterAmerican Convention for the Prevention, Punishment and Eradication of Violence against
Women, in the terms of paragraphs 36 to 38 of this Judgment.
2.
To reject the preliminary objection filed by the State concerning the failure to
exhaust domestic remedies, in the terms of paragraphs 42 to 45 of this Judgment.
DECLARES,
unanimously, that:
1.
The State has violated its obligation to ensure the free and full exercise of the rights
to life and to personal integrity recognized in Articles 4(1) and 5(1) of the American
Convention on Human Rights, in relation to the rights of the child recognized in Article 19 of
the Convention, and to the general obligation to ensure rights without discrimination,
established in Article 1(1) of this instrument, as well as the obligations established in Article
7(b)) of the Inter-American Convention for the Prevention, Punishment and Eradication of
Violence against Women, to the detriment of María Isabel Veliz Franco, in the terms of
paragraphs 132 to 158 of this Judgment.