-27.
The State shall pay Ricardo Nicolás Canese Krivoshein the total amount of
US$5,500.00 (five thousand five hundred United States dollars), for costs and expenses.
Of this total, the sum of US$1,500.00 (one thousand five hundred United States dollars)
shall correspond to the expenses which Mr. Canese Krivoshein incurred before the InterAmerican Commission, and the amount of US$4,000.00 (four thousand United States
dollars) to the costs and expenses that Mr. Canese Krivoshein must reimburse to his
representatives for the expenditure they assumed in the international proceeding before
the Inter-American System for the protection of human rights, in the terms of
paragraphs 214, 215 and 217 of [said] judgment.
8.
The State shall publish once in the Official Gazette and in another newspaper
with national circulation the chapter on the proven facts in this judgment, without the
corresponding footnotes, and its operative paragraphs, in the terms of paragraph 209 of
[said] judgment.
9.
The State shall comply with the measures of reparation and reimbursement of
costs and expenses ordered in operative paragraphs 6, 7 and 8 of this judgment, within
six months of its notification, in the terms of paragraph 216 of [said] judgment.
10.
The State shall comply with its obligations of a pecuniary nature by payment in
United States dollars or the equivalent in Paraguayan currency, using the exchange rate
between the two currencies in force on the market in New York, United States, the day
before the payment to make the respective calculation, in the terms of paragraph 218 of
[said] judgment.
11.
The payment for non-pecuniary damage, and costs and expenses established in
this judgment may not be encumbered, reduced or conditioned by any current or future
fiscal measures, in the terms of paragraph 220 of [said] judgment.
12.
If the State should delay payment, it must pay interest on the amount owed,
corresponding to banking interest on arrears in Paraguay.
13.
If, due to causes attributable to the beneficiary of the compensation, it should
not be possible for him to receive it within the established term of six months, the State
shall deposit the amount in favor of the beneficiary in an account or a deposit certificate
of a solvent Paraguayan banking institution, in United States dollars or the equivalent in
Paraguayan currency, and in the most favorable financial conditions permitted by law
and banking practice in Paraguay. If, after ten years, the compensation has not been
claimed, the amount shall be returned to the State, with the interest earned.
14.
It shall monitor full compliance with this judgment. The case shall be filed once
the State has fully complied with the operative paragraphs of this judgment. Within six
months from notification of this judgment, Paraguay shall provide the Court with a first
report on the measures taken to comply with [said] judgment.
2.
The Court’s Order of February 2, 2006, in which the Court—
Declared:
1. That, in accordance with the statements of Considering clause No. 8 of [said] order,
the State has not complied with the operative paragraphs of the Judgment on the
merits, reparations and costs issued by the Court on August 31, 2004.
And Resolved:
1.
To order the State to adopt all the measures necessary to effectively and
promptly fulfill the reparations ordered by the Court in its Judgment on the merits,
reparations and costs of August 31, 2004, in accordance with the provisions of Article
68(1) of the American Convention on Human Rights.
2.
To order the State to submit to the Inter-American Court of Human Rights, not
later than May 24, 2006, a report describing all the measures adopted so as to fulfill the
reparations ordered by this Court which are still pending compliance, pursuant to the
provisions of Considering clause No. 8 and 9 of the […] Order.
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