2
Alejandro Ávila Hernández, Sydney Ávila Hernández, María Paula González Chamo, and María
Nohemi Guzmán, in the terms of said paragraph and of paragraphs 97 through 100.
8.
The State must pay the amount set in paragraph 145 of the […] Judgment to Mrs. Martha
Arrivillaga de Carpio and Messrs. Rodrigo and Jorge Carpio Arrivillaga for costs and expenses, in
the terms of said paragraph.
9.
The State must make payment of compensations and reimbursement of costs and
expenses within a one-year term, computed as of the notification of the […] judgment, pursuant to
that stated in paragraph 146 of [the] Judgment. Regarding the publication of the corresponding
parts of the Judgment and the public act of acknowledgment of international responsibility and
amends, the State must comply with said measures within a six-month period, computed as of
notification of the […] Judgment, in the terms of paragraph 146 of the same.
10.
The State must deposit the compensation ordered in favor of the beneficiaries that are
minors in a bank investment to their name in a solvent Guatemalan institution, in United States
dollars or the local currency, at the election of the legal representative, within a one-year term and
in the most favorable financial conditions allowed by the legislation and bank practices while they
are minors, in the terms of paragraph 151 of [the] Judgment.
11.
The State may comply with its pecuniary obligations through payments in United States
dollars or an equal amount in the State’s national currency, using for the corresponding calculation
the exchange rate between both currencies in force in the New York Plaza, United States of
America, the day prior to payment, in the terms of paragraph 149 of the […] Judgment.
12.
The payments for pecuniary damage, non-pecuniary damage, and costs and expenses
established in the […] Judgment may not be affected, reduced, or subject to any current or future
tax or charge, in the terms of paragraph 152 of the […] Judgment.
13.
Should the State fall in arrears, it shall pay interest on the amount owed corresponding to
the bank interest on payments in arrears in Guatemala.
14.
If, due to causes that can be attributed to the beneficiaries of the compensation, they are
unable to receive it within the said period of one year from notification of the […] judgment, the
State shall deposit such amounts in favor of the beneficiaries in an account or certificate of deposit
in a solvent Guatemalan banking institution, in the terms of paragraph 150 of the […] Judgment.
15.
It shall monitor compliance with [the] judgment and will close the […] case once that
State has fully complied with all its provisions. Within one year of notification of [the] judgment,
the State shall provide the Court with a report on the measures taken to comply with it, in the
terms of paragraph 154 of the same.
2.
The different reports of the State of Guatemala (hereinafter “the State” or
“Guatemala”) regarding the advances in compliance with the Judgment.
3.
The observations of the representatives of the victims (hereinafter “the
representatives”) and of the Inter-American Commission of Human Rights (hereinafter “the
Commission” or “the Inter-American Commission”) to the State’s reports on compliance
(supra Having Seen paragraph 3).
CONSIDERING:
1.
That one of the inherent attributes of the jurisdictional functions of the Court is to
monitor compliance with its decisions.
2.
That Guatemala is a State Party to the American Convention since May 25, 1978 and
that it acknowledged the compulsory jurisdiction of the Court on March 9, 1987.
3.
That the obligation to comply with the decisions in the Court’s judgments
corresponds to a basic principle of the law of the international responsibility of the State,