105
unclaimed, the corresponding amount, plus any accrued interest, shall be returned to
the State.
245. The amounts fixed in the instant Judgment for pecuniary and non-pecuniary
damage and reimbursement of costs and expenses shall not be affected, reduced or
conditioned by tax reasons, be they present or future. Beneficiaries shall therefore
receive the total amount as per the provisions herein.
246. Should the State fall into arrears with its payments, Paraguayan banking
default interest rates shall be paid on the amount owed.
247. In accordance with its constant practice, the Court retains the authority
inherent in its jurisdiction to monitor full compliance with this Judgment. The instant
case shall be closed once the State implements in full the provisions herein.
Paraguay shall, within six months, submit to the Court an initial report on the
measures adopted in compliance therewith.
XIV.
248.
OPERATIVE PARAGRAPHS
Therefore,
THE COURT,
DECLARES,
Unanimously that:
1.
The State violated the rights to Fair Trial and Judicial Protection enshrined in
Articles 8 and 25, respectively, of the American Convention on Human Rights,
relating to Articles 1(1) and 2 thereof, to the detriment of the members of the
Sawhoyamaxa Indigenous Community, as set forth in paragraphs 87 to 89 and 93 to
112 herein.
2.
The State violated the right to Property enshrined in Article 21 of the
American Convention on Human Rights, relating to Articles 1(1) and 2 thereof, to the
detriment of the members of the Sawhoyamaxa Indigenous Community, as set forth
in paragraphs 117 to 144 herein.
3.
The State violated the right to Life enshrined in Article 4(1) of the American
Convention on Human Rights, relating to Articles 1(1) and 19 thereof, to the
detriment of the members of the Sawhoyamaxa Indigenous Community, as set forth
in paragraphs 150 to 178 herein.
4.
It is not necessary to rule on the right to Personal Integrity, as set forth in
paragraph 185 herein.
5.
The State violated the right to Recognition as a Person Before the Law
enshrined in Article 3 of the American Convention on Human Rights, relating to
Article 1(1) thereof, to the detriment of NN Galarza, Rosana López, Eduardo Cáceres,
Eulalio Cáceres, Esteban González-Aponte, NN González-Aponte, Niño Yegros, Jenny
Toledo, Guido Ruiz-Díaz, NN González, Luis Torres-Chávez, Diego Andrés Ayala,