133
293. To comply with the instant Judgment, the State must pay the compensations
and the reimbursement of legal costs and expenses within one year of notification of
the instant Judgment.
294. Payment of the compensation ordered in favor of the victims or of their next
of kin, as appropriate, will be made directly to them. If one of them should die, the
payment will be made to his or her heirs.
295. The payments for reimbursement of legal costs and expenses incurred in
steps taken by the representatives of the next of kin of the victim under domestic
jurisdiction and in the international proceeding before the Inter-American System for
the Protection of Human Rights will be made to said representatives (supra paras.
291 and 292).
296. If for any reason it were not possible for the beneficiaries to receive the
respective payments within a year, the State must deposit the respective amounts in
favor of said beneficiaries in an account or certificate of deposit, at a sound financial
institution, in United States dollars or their equivalent in quetzales, under the most
favorable financial conditions allowed by banking practice and legislation. If after ten
years the payment has not been claimed, the amount will be given to a Guatemalan
charity institution.
297. The State can fulfill its pecuniary obligations by means of a payment in United
States dollars or in an equivalent amount of quetzales, using for the respective
calculation the exchange rate between both currencies at the New York exchange the
day before the payment.
298. Payment of the amount for pecuniary and non-pecuniary damage as well as
for legal costs and expenses set forth in the instant Judgment cannot be subject to
currently existing taxes or levies or any that may be decreed in the future.
299. If the State were to be in arrears, it must pay interest on the amount owed,
which will be the banking interest rate for arrearages in Guatemala.
300. In accordance with its usual practice, the Court reserves the right, inherent to
its authority, to monitor comprehensive compliance with the instant Judgment. The
proceeding will be closed once the State has fully applied the provisions of the
instant ruling. Within one year of when this Judgment is notified, the State must
submit to the Court a first report on the measures adopted to comply with this
Judgment.
XVII
OPERATIVE PARAGRAPHS
301.
Now therefore,
THE COURT,
taking note of the acquiescence of the State, in which it unconditionally
acknowledged its international responsibility regarding the case, and having assessed
the body of evidence, as set forth in paragraphs 111 to 116 of the instant Judgment,
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