restitution, pecuniary, and non-pecuniary damage, as well as reimbursement of costs and
expenses, as established in this judgment, directly to the identified individual and organization
within a period of one year from the notification of this judgment. This is without prejudice to
the possibility of making payments within a shorter period. Should the beneficiary pass away
before he receives the respective compensation, it shall be directly paid to his heirs, pursuant
to the applicable domestic law.
170. The State shall comply with its pecuniary obligations by paying in United States dollars.
171. If, for reasons that can be attributed to the beneficiary of the compensation or his heirs,
it is not possible to pay the amounts established within the time frame indicated, the state
shall deposit the said amounts in their favor in an account or certificate of deposit in a
financially sound Ecuadorian financial institution, in United States dollars, and on the most
favorable financial terms permitted by the country’s law and banking practice. If, after 10
years, the compensation remains unclaimed, the amounts shall be returned to the State with
the accrued interest. If the above is not possible, the State shall ensure the availability of
the funds for a period of ten years.
172. The respective amounts corresponding to compensation for restitution, pecuniary, and
non-pecuniary damages, as well as reimbursement of costs and expenses, shall be delivered
to the persons indicated integrally, as established in this judgment, without any deductions
resulting from possible taxes or charges.
173. Should the state fall into arrears, it shall pay interest on the amount owed,
corresponding to banking interest on arrears in Ecuador.
X
OPERATIVE PARAGRAPHS
174. Therefore,
THE COURT
DECIDES,
Unanimously:
1.
To dismiss the preliminary objection of the Court's lack of jurisdiction based on the
subject matter due to the use of the Inter-American System of Human Rights as a fourth
instance, pursuant to paragraph 19 of this judgment.
DECLARES,
Unanimously that:
2.
The State is internationally responsible for the violation of the right to judicial
guarantees, as recognized in Articles 8(1), 8(2), 8(2)(b), and 8(2)(c) of the American
Convention on Human Rights, in relation to the obligations to respect and guarantee the rights
established in Article 1(1) of the same international instrument. Additionally, the State is
responsible for the violation of the right recognized in Article 8(2)(h) of the American
Convention on Human Rights, in relation to the obligation to adopt domestic provisions as
established in Article 2 of the same international instrument, to the detriment of Víctor Henrry
Mina Cuero, in the terms of paragraphs 80 to 106 of this judgment.