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