250. In view of the violations declared in this judgment, the Court orders the reimbursement to the
Fund of USD 4,372,75 (four thousand three hundred seventy-two United States dollars and seventyfive cents) for the expenses incurred. This sum must be remitted to the Court within 90 days of
notification of this judgment.
H. Method of compliance of the payments ordered
251. The State shall comply with its monetary obligations by payment in United States dollars or
the equivalent in the national currency, on the closest date to the payment, using the exchange rate
published or calculated by a pertinent bank or financial institution, on the day closest to the day of
payment. In the event that this is not possible, the State shall ensure that the funds are available
domestically for a period of ten years.
252. In the event that the State delays in reimbursing the expenses to the Victim’s Legal Assistance
Fund, it shall pay an interest on the amount owed that is equal to the banking interest on arrears in
Mexico.
X.
OPERATIVE PARAGRAPHS
253.
Therefore,
THE COURT
DECIDES,
unanimously:
1.
To accept the acknowledgement of State responsibility, in the terms of paragraphs 19 to
27 of this judgment.
DECLARES,
Unanimously, that:
2.
The State is responsible for violating the right to personal liberty contained in Article 7(1),
7(3) and 7(5) of the American Convention on Human Rights, the right to the presumption of
innocence recognized in Article 8(2) and the right not to be compelled to be a witness against
oneself found in Article 8(2)(g) of the Convention, in relation to the obligation to respect and
ensure the rights established in Article 1(1) of the Convention, as well as the obligation to adopt
provisions of the domestic law established in Article 2 of the Convention, for applying the
institution of arraigo to the detriment of Jorge Marcial Tzompaxtle Tecpile, Gerardo Tzompaxtle
Tecpile and Gustavo Robles López, in the terms of paragraphs 120 to 157 and 166 to 168 of this
judgment. By virtue of its acknowledgement of responsibility, the State is also responsible for
violating the right to personal liberty contained in Article 7(1), 7(2), 7(3), 7(4), 7(5) and 7(6) of
the American Convention, with regard to the obligation to respect the rights established in Article
1(1) thereof, to the detriment of Jorge Marcial Tzompaxtle Tecpile, Gerardo Tzompaxtle Tecpile
and Gustavo Robles López, in the terms of paragraph 22 of this judgment.
3.
The State is responsible for violating the right to personal liberty contained in Article 7(1),
7(3) and 7(5) of the American Convention on Human Rights, the right to the presumption of
innocence recognized in Article 8(2) of the Convention, in relation to the obligation to respect and
to ensure the rights established in Article 1(1) of the Convention, as well as the obligation to adopt
provisions of the domestic law established in Article 2 thereof, for applying pre-trial detention to
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