105
applicable domestic law.
389. The State shall fulfill its obligations by tendering United States dollars or an
equivalent amount in Mexican currency, using for the corresponding estimate the exchange
rate between both currencies in force in New York, United States of America the day prior to
the day payment is made.
390. If, for reasons attributable to the beneficiaries of the compensations or their
successors, respectively, it is not possible for them to receive the amounts within the
indicated period, the State shall deposit those amounts in their favor in an account or a
deposit certificate in a solvent Mexican financial institution, in United States dollars, and in
the most favorable financial conditions permitted by law and banking practices. If, after 10
years, the compensation has not been claimed, the amounts shall revert to the State with
the accrued interest.
391. The amounts assigned in the present Judgment as compensations and
reimbursement of costs and expenses shall be delivered in whole to the persons indicated,
pursuant with the stipulations of this Judgment, without deductions derived from possible
taxes.
392. If the State falls into arrears, it shall pay interest on the amount owed,
corresponding to banking interest on arrears in Mexico.
XII
OPERATIVE PARAGRAPHS
1.
Therefore,
THE COURT
DECIDES,
unanimously
1.
To reject the preliminary objections filed by the United States of Mexico, pursuant
with paragraphs 14 through 50 of the present Judgment.
2.
To accept the partial acknowledgment of international responsibility made by the
State, in the terms of paragraphs 52 through 66 of the present Judgment.
DECLARES,
unanimously, that,
3.
The State is responsible for the violation of the rights to personal liberty, to humane
treatment, to juridical personality, and to life, enshrined in Articles 7(1), 5(1), 5(2), 3, and
4(1) of the American Convention on Human Rights, in relation with the obligation to
respect and guarantee included in Article 1(1) of the same and with Articles I and XI of the
Inter-American Convention on Forced Disappearance of Persons, in detriment of Mr.
Rosendo Radilla-Pacheco, in the terms of paragraphs 120 through 159 of the present
Judgment.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos