59
XII
METHOD OF COMPLIANCE
153. To comply with the instant Judgment, the State shall pay compensations for
pecuniary and non pecuniary damage and reimburse costs and expenses (supra
paras. 129, 135 and 152) within the term of one year as from the date of service of
the instant Judgment. In addition, the State must proceed to the publication of the
instant Judgment within the term six months as from the date of service of the
Judgment (supra para. 142). Medical and psychological treatments shall be provided
as from the date of service of the instant Judgment (supra para. 143). The
education program must begin within a term of six months after the service of the
instant Judgment (supra paras. 144 to 148). The State shall adopt, as promptly as
possible, the measures necessary to investigate the events, to identify, prosecute
and punish the perpetrators, and to find the mortal remains of Mr. Santiago GómezPalomino (supra paras. 137 to 140). The State shall also amend its domestic
criminal legislation within a reasonable time, taking into account the characteristics
of the applicable legislative procedure (supra para. 149).
154. Compensations shall be directly paid to beneficiaries, pursuant to the
provisions established in paragraphs 121, 122, 129 and 135 of the instant
Judgment.
155. The State may discharge its pecuniary obligations by tendering United States
Dollars or an equivalent amount in the currency of the State, at the New York, USA
exchange rate between both currencies on the day prior to the day payment is
made.
156. If the beneficiaries of compensations are not able to receive the payments
within the timeframe of one year previously set out, due to reasons attributable to
them, the State shall deposit said amounts in an account to the beneficiary’s name
or draw a certificate of deposit from a reputable Peruvian bank, in United States
dollars, under the most favorable financial terms the law in force and customary
banking practice allow. If after ten years compensations were still unclaimed, the
amount plus accrued interests shall be returned to the State.
157. As regards the compensations awarded to the girl Ana María GómezGuevara, the State shall deposit it with a solvent financial entity of Peru. The
deposit shall be made within a one-year term, in United States Dollars and under
the most favorable financial terms the current laws and customary banking practice
allow, while the beneficiary is under age. The beneficiary shall be able to withdraw
the amount so deposited once she is of age, or before reaching majority provided it
is in the best interest of the minor and pursuant to the order of a competent judicial
authority. If ten years after the date the beneficiary reaches majority,
compensations are still unclaimed, the amount plus accrued interest shall be
returned to the State.
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