resulted from the human rights violations declared in this Judgment. In this regard, even though the Court did not rule on the alleged violation of the right to humane treatment for the reasons described in this Judgment (supra para. 129), it found it pertinent to take into consideration Mr. García Lucero’s “situation,” when noting the impact of the delay in judicial proceedings in relation to the possible effects on persons in the situation of Mr. García Lucero. Consequently, the Court finds it pertinent to establish, in equity, the sum of GBP 20,000.00 (twenty thousand pounds sterling) in favor of Leopoldo García Lucero as compensation for the non-pecuniary damage caused. F. Costs and expenses 247. As the Court has indicated on previous occasions, costs and expenses are included within the concept of reparation established in Article 63(1) of the American Convention. 230 The Court observes, however, that the representatives have “waive[d] their right to claim legal costs for the litigation of this case.” Therefore, the Court considers that the costs and expenses of the litigation are not in dispute and it is not necessary to rule on this point. G. Method of complying with the payments ordered 248. The State must make the payment of the compensation for non-pecuniary damage established in this Judgment to Leopoldo García Lucero, within one year of notification of this Judgment, in accordance with the following paragraphs. If the victim should die before the payment of the respective sum, this shall be delivered to his heirs, in keeping with the applicable domestic law. 249. The State must comply with the pecuniary obligations by payment in pounds sterling. 250. If, for reasons that can be attributed to the beneficiary of the compensation or his heirs, it is not possible to pay the amount decided within the time frame indicated, the State shall deposit the said amount in his favor in an account or a certificate of deposit in a Chilean financial institution, in pounds sterling in the most favorable financial conditions that are allowed by banking practice and law. If, after 10 years, the amount allocated has not been claimed, the amount shall be return to the State with the interest accrued. 251. The amount allocated in this Judgment, as compensation for non-pecuniary damage, must be delivered to Leopoldo García Lucero integrally, as established in this Judgment, and may not be affected or conditioned by current or future taxes, or by deductions for financial or bank charges. 252. If the State should fall in arrears, it must pay interest on the amount owed corresponding to bank interest on arrears in Chile. * 253. In accordance with its constant practice, the Court reserves the authority inherent in its attributes and also derived from Article 65 of the American Convention, to monitor full compliance with this Judgment. The case will be concluded when the State has complied entirely with its provisions. 230 Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs. Judgment of August 27, 1998. Series C No. 39, para. 79, and Case of Suárez Peralta v. Ecuador, supra, para. 217. 76

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