106
in San José, it being reasonable that the same amount be disbursed on the return trip of the person
concerned. Therefore, the Court dismisses the State's objections.
356. Accordingly, in view of the violations declared in this judgment and the fact that the
requirements to access the Victims’ Legal Assistance Fund were met, the Court orders the State
to reimburse said Fund in the amount of USD $3,457.40 (three thousand, four hundred and fiftyseven United States dollars and forty cents) for expenses incurred for the appearance of a witness
and an expert witness at the public hearing in this case and the formalization and submission of
an affidavit. Said amount must be reimbursed within ninety days from the date of notification of
this judgment.
G. Method of compliance with the payments ordered
357. The State shall make the payments of compensation for pecuniary and non-pecuniary
damage and to reimburse costs and expenses, as established in this judgment, directly to the
persons indicated herein, within one year of notification of this judgment, in accordance with the
following paragraphs.
358. In the case of the victims of forced disappearance and their next of kin who are now
deceased, the amounts ordered shall be paid in accordance with paragraphs 339 and 344 of this
judgment. In the event that the beneficiaries not contemplated in paragraphs 339 and 344 of this
judgment die before they receive the respective compensation, this shall be delivered directly to
their heirs, in accordance with the applicable domestic law.
359. The State shall comply with its monetary obligations by payment in United States dollars,
or the equivalent in national currency, using the exchange rate in force on the New York Stock
Exchange (United States of America), on the day prior to payment.
360. 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 period indicated, the State shall
deposit said amounts in their favor, in an account or certificate of deposit in a solvent Peruvian
financial institution, in United States dollars, and on the most favorable financial terms permitted
by banking law and practice. If the corresponding compensation is not claimed within ten years,
the amounts shall be returned to the State with the accrued interest.
361. The amounts awarded in this judgment as compensation for pecuniary and non-pecuniary
damage and to reimburse costs and expenses shall be paid in full directly to the persons
indicated, without any deductions arising from possible taxes or charges.
362. If the State should fall into arrears, including in the reimbursement of expenses to the
Victims’ Legal Assistance Fund, it shall pay interest on the amount owed corresponding to banking
interest on arrears in the Republic of Peru.
XI
OPERATIVE PARAGRAPHS
363.
Therefore,
THE COURT
DECIDES,
By five votes in favor and one against,