258. Without detriment to the above, in view of the request made by the State of Peru, the
Court clarifies that in the instant case, the amount of USD 100 for terminal expenses given to Mr.
Rosadio Villavicencio and his legal representative, respectively, correspond to USD 15 for the
departure from Peru, USD 35 for transport from the airport in Costa Rica to the hotel, USD 35
departure from Costa Rica, and USD 15 for the return to Peru, to the starting point.
259. Based on the violations declared in this judgment and the fact that the requirements for
access to the Legal Assistance Fund were met, the Court orders the State to reimburse the Fund
the amount of USD 2,283.84 for the expenses incurred. This amount must be reimbursed within
six months of notification of this judgment.
H. Method of compliance with the payments ordered
260. The State shall make the payments for pecuniary and nonpecuniary damages established
in this judgment directly to Mr. Rosadio Villavicencio, within one year of notification of this
judgment.
261. If the beneficiary is deceased or dies before he receives the respective compensation, this
shall be delivered directly to his heirs, in accordance with the applicable domestic law.
262. The State shall comply with its pecuniary obligations by payment in United States dollars
or the equivalent in Peruvian currency, using for the respective calculation the exchange rate in
effect in the New York Stock Exchange the day before the payment.
263. If, for reasons that can be attributed to the beneficiaries of the compensation or their heirs,
it is not possible to pay the amounts established within the established time frame, the State shall
deposit the said amounts in their favor in a deposit account or certificate in a solvent Peruvian
financial institution, in United States dollars, and in the most favorable financial conditions
permitted by banking law and practice. If the corresponding compensation is not claimed within
ten years, the amounts shall be returned to the State with the interest accrued.
264. The amounts allocated in this judgment as compensation shall be delivered to the person
indicated in full, as established in this judgment, without any deductions derived from possible
taxes or charges. In the event that the State incurs in arrears, including in the reimbursement of
expenses to the Victims' Legal Assistance Fund, it shall pay interest on the amount owed,
corresponding to the banking interest on arrears in Peru.
X
OPERATIVE PARAGRAPHS
265.
Therefore,
THE COURT
DECIDES,
unanimously,
1.
To reject the State’s preliminary objection regarding the alleged lack of exhaustion of
domestic remedies, under the terms of paragraphs 19 and 20 of this judgment.
2.
To reject the State’s preliminary objection regarding the alleged “fourth instance,” under
the terms of paragraphs 24 and 25 of this judgment.
56