45
96.
This Court has stated before that the concept of costs should include both
those regarding the stage of access to justice under domestic venue and those that
pertain to justice at the international level, before the Commission and the Court.62
97.
For this, the Court deems it equitable to order payment of a total amount of US
$7.600.00 (seven thousand six hundred United States dollars) or their equivalent in
Guatemalan currency, which must be given to Emma Theissen Álvarez Vda. de Molina,
the victim’s mother, for costs and expenses in the domestic proceedings and in the
international proceeding before the Inter-American system for protection of human
rights. Of this amount, in accordance with the statements made by the representatives
of the victim and his next of kin, US $600.00 (six hundred United States dollars) are
for costs and expenses incurred by the next of kin in the domestic proceedings, and US
$7,000.00 (seven thousand United States dollars) are for those pertaining to the
international proceeding before the bodies of the Inter-American human rights system.
IX
METHOD OF COMPLIANCE
Considerations of the Court
98.
To comply with the instant Judgment, the State must pay the compensations,
reimburse the costs and expenses, and carry out the measures ordered (supra
paras. 87, 88, 56 to 61, 67 to 73 and 97) within one year of the date of notification
of this Judgment. In the case of other reparations ordered (supra paras. 78 to 84,
85, 89 to 91(a) and 91(b)), the State must carry out the measures within a
reasonable time.
99.
Payment of the compensations granted to the victims or to their next of kin,
as appropriate, will be made directly to them. If any of them are deceased, the
payment will be made to his or her heirs.
100. Payments to reimburse the costs and expenses originating in steps taken by
the victim’s next of kin and his representatives under domestic venue and in the
international proceedings before the Inter-American system for protection of human
rights, will be made to the next of kin (supra para. 97).
101. If due to causes attributable to the beneficiaries of the compensation it is not
possible for them to receive them within one year, the State will deposit said
amounts in their name in an account or certificate of deposit in a solid Guatemalan
banking institution, in United States dollars or their equivalent in Guatemalan
currency and under the most favorable conditions allowed by banking practices and
legislation. If after ten years the compensation has not been claimed, the sum will
be given to a Guatemalan charity institution.
102. The State must comply with its obligations through payment in United States
dollars or an equivalent amount in Guatemalan currency, using for the respective
calculation the exchange rate between both currencies in the New York exchange, on
the day before the payment.
62
See Case of Maritza Urrutia, supra note 2, para. 183; Case of Myrna Mack Chang, supra note 2,
para. 290; and Case of Bulacio, supra note 2, para. 150.
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