35
in this agreement, the State shall deposit the corresponding amounts in
favor of the beneficiaries in a deposit certificate or account in a reputable
institution, in United States dollars and in the most favorable financial
conditions on the market. If, after 10 years, the compensation has not
been claimed, the amount shall be returned to the State with the interest
earned [;]
5.
[Deliver the amounts to be paid to the beneficiaries without any
deductions, as established in this judgment.] The amounts that the State
undertakes to pay to the next of kin of Pedro Huilca [Tecse] in
compensation for pecuniary and non-pecuniary damage may not be
affected, reduced or conditioned by current or future taxes or
charges (in bold in the original)[; and]
6.
Should there be a delay, it shall pay interest on the amount owed
corresponding to bank interest on arrears in Peru (in bold in the original).
121. In relation to the payment to the minors, Indira Isabel Huilca Flores and José
Carlos Huilca Flores (supra para. 120(3)), the investment of the corresponding
amounts shall be made within the time stipulated, under the most favorable financial
conditions permitted by banking practice and law while they are minors. It may be
withdrawn by the beneficiaries when they attain their majority or when this is
ordered, in the best interests of the child, as determined by a competent judicial
authority. If this compensation has not been claimed 10 years after the children have
attained their majority, the sum shall be returned to the State with the interest
earned.
*
*
*
122. To the extent that the agreement has been endorsed in this judgment of the
Court, any dispute or disagreement that arises shall be decided by the Court.
123. The Court reserves the powers to monitor complete compliance with this
judgment. The case shall be concluded once the State has fully complied with all the
measures ordered in it. Within one year of notification of this judgment, Peru shall
provide the Court with a report on the measures adopted to comply with the
judgment.
XI
OPERATIVE PARAGRAPHS
124.
Therefore,
THE COURT,
DECIDES:
unanimously,
1.
To admit the State’s acquiescence of September 7, 2004, in the terms of
paragraphs 63, 79 and 83 of this judgment.
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