61
costs and expenses directly to the victims´ next of kin so that they assign them
among those who have legally assisted them, as it has become the usual practice of
this Court in many recent cases.188 In light of the foregoing, the Court considers on
equitable grounds that the State must reimburse the amount of US$20,000.00 (two
thousand United States Dollars) or its equivalent in Venezuelan currency, to
COFAVIC for costs and expenses incurred in both the domestic and the InterAmerican systems when seeking protection of human rights; and the amount of
US$10,000.00 (ten thousand United States Dollars) or its equivalent in Venezuelan
currency to CEJIL for costs and expenses incurred in the international system. Said
amounts must be paid directly to the above mentioned organizations.
XII
METHOD OF COMPLIANCE
154. To comply with this Judgment, the State shall pay compensations for
pecuniary and non pecuniary damage and reimburse costs and expenses within the
term of one year as from the date of service of the instant Judgment. The State must
make public acknowledgment of liability (supra para. 150) and proceed to the
publication of the instant Judgment (supra para. 151), within six months as from the
date of service of the instant Judgment. The remaining reparations must be complied
within a reasonable time (supra paras. 137 to 149).
155. If the beneficiaries of compensations are not able to receive the payments
within the timeframes set out in the previous paragraph, due to reasons attributable
to them, the State shall deposit said amounts in an account to the beneficiary’s
name or draw a certificate of deposit from a reputable Venezuelan bank, in United
States dollars, under the most favorable financial terms the law in force and
customary banking practice allow. If after ten years compensations were still
unclaimed, the amount plus accrued interests shall be returned to the State.
156. The State may discharge its pecuniary obligations by tendering United States
Dollars or an equivalent amount in the currency of the State, at the New York, USA
exchange rate between both currencies on the day prior to the day payment is
made.
157. Payments ordered as compensation for pecuniary and non pecuniary damages
and for costs and expenses shall not be affected, reduced or conditioned by tax
reasons, be they present or future. Therefore, beneficiaries shall therefore receive
the total amount as per the provisions herein.
158. Should the State fall into arrears with its payments, Venezuelan banking
default interest rates shall be paid on the amount owed.
159. In accordance with its constant practice, the Court retains the authority
emanating from its jurisdiction, and from the provisions of Article 65 of the American
Convention, to monitor full compliance with this judgment. The instant case shall be
closed once the State implements in full the provisions herein. Within the term of
188
Cf. Case of “Mapiripán Massacre”, supra note 7, para. 325; Case of Yatama. Judgment of June
23, 2005. Series C No. 127, para. 265, and Case of Carpio-Nicolle et al. Judgment of November 22, 2004.
Series C No. 117, para. 145.
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