77
caused should also be repaired by providing fair compensation167. Consequently, the
Court considers that, within one year, the State should pay to each of the five
pensioners for reparation of non-pecuniary damage the sum of US$3,000.00 (three
thousand United States dollars). The amount corresponding to Maximiliano Gamarra
Ferreyra should be paid to his widow, Sara Elena Castro Remy.
*
*
*
181. As for the reimbursement of costs and expenses, this Court must prudently
assess their scope, which includes the expenses arising from the actions filed by the
five pensioners before the authorities of the internal jurisdiction, and also those
incurred during the proceedings before the inter-American system. The assessment
may be based on the principle of fairness168.
182. To this end, the Court considers that it is fair to order the payment of a total
of US$13,000.00 (thirteen thousand United States dollars) for expenses and a total
of US$3,500.00 (three thousand five hundred United States dollars) for the costs
incurred by the five pensioners and their representatives in the domestic proceedings
and in the international proceeding before the inter-American protection system. To
comply with this, the State must make the respective payment within six months of
notification of this judgment. The payment corresponding to expenses must be
distributed as follows: a) the sum of US$3,000.00 (three thousand United States
dollars) each to Carlos Torres Benvenuto, Javier Mujica Ruiz-Huidobro and Guillermo
Álvarez Hernández, and b) the sum of US$2,000.00 (two thousand United States
dollars) to Reymert Bartra Vásquez and the sum of US$2,000.00 (two thousand
United States dollars) to Sara Elena Castro Remy, Maximiliano Gamarra Ferreyra’s
widow. With regard to the payment of costs, this must be distributed as follows: a)
the sum of US$3,000.00 (three thousand United States dollars) to CEDAL, and b) the
sum of US$500.00 (five hundred United States dollars) to CEJIL.
*
*
*
183. The State may fulfill its obligations by payment in United States dollars or an
equivalent amount in Peruvian currency, using the exchange rate of both currencies
in force on the New York, United States, market the day before payment for the
respective calculation.
184. The payments of compensation for non-pecuniary damage and for costs and
expenses established in this judgment may not be subject to any current or future
tax or charge. The State must comply with the measures of reparation ordered
within one year of notification of this judgment. Also, should the State fall into
arrears, it must pay interest on the amount owed corresponding to bank interest on
payments in arrears in Peru.
167
Cf. El Caracazo case. Reparations, supra note 3, para. 94; Bámaca Velásquez case. Reparations (Art.
63(1) American Convention on Human Rights). Judgment of February 22, 2002. Series C No. 91, para.
60; and Trujillo Oroza case. Reparations, supra note 4, para. 83.
168
Cf. Hilaire, Constantine and Benjamin et al. case, supra note 4, para. 218; Cesti Hurtado case.
Reparations (Art. 63(1) American Convention on Human Rights). Judgment of May 31, 2001. Series C
No. 78, para. 72; and the “Street Children” case (Villagrán Morales et al.). Reparations (Art. 63(1) American
Convention on Human Rights). Judgment of May 26, 2001. Series C No. 77, para. 109.
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