243. In this case, the file does not contain sufficient supporting evidence on the costs and
expenses incurred by the victims and their representatives. However, the representatives
have indicated some amounts calculated based on a few vouchers and tables they
themselves prepared. On this basis, and in the absence of all the official vouchers for the
expenses incurred by the victims and their representatives, the Court establshes, in equity,
that the State should pay a total of US$3,000 (three thousand United States dollars) for the
costs and expenses incurred in the litigation of this case by the representative María Cristina
Calderón; US$10,000 (ten thousand United States dollars) for the costs and expenses
incurred in the litigation of this case by the Asociación de Salud Integral, and US$25,000
(twenty-five thousand United States dollars) for the costs and expenses incurred in the
litigation of this case by CEJIL. These sums must be paid directly to each of the
representatives of the presumed victims in this case.
D. Reimbursement of expenses to the Legal Assistance Fund
244. In this case, in an order of July 24, 2017, the President of the Court granted financial
support from the Victims’ Legal Assistance Fund of the Court for the presentation of five
statements, either at the hearing or by affidavit.
245. On the basis of the violations declared in this judgment and compliance with the
requirements to access the Court’s Assistance Fund, the Court orders the State to reimburse
the sum of US$2,176.36 (two thousand one hundred and seventy-six United States dollars
and thirty-six cents) to the Fund for the expenses incurred. This amount must be
reimbursed within six moths of notification of this judgement.
E. Method of compliance with the payments ordered
246. The State shall make the payment of the compensation for pecuniary and nonpecuniary damage and to reimburse costs and expenses established in this judgment
directly to the persons indicated herein, within one year of notification of this judgement.
247. Should any beneficiary be deceased or die before they receive the respective
amount, this shall be delivered directly to their heirs, in keeping with the applicable
domestic law.
248. The State shall comply with its pecuniary obligations by payment in United States
dollars or the equivalent in domestic currency, using the exchange rate on the New York
Stock Exchange (United States of America) on the day before payment to make the
respective calculation.
249. 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 said time frame, the State
shall deposit the said amounts in their favor in a deposit account or certificate in a solvent
Guatemalan financial institution, in United States dollars, and in the most favorable
conditions allowed by banking law and practice. If the corresponding compensation remains
unclaimed after ten years, the amount shall be returned to the State with the accrued
interest.
250. The amounts allocated in this judgment as compensation for pecuniary and nonpecuniary damage and to reimburse costs and expenses shall be deiivered to the persons
indicated in full, as established in this judgment, without any reductions due to eventual
taxes and charges.
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