324. The committee mentioned in the preceding paragraph will be responsible for
determining how the development fund is implemented and must be established within
six months of the delivery of the lands to the members of the Community, with three
members: a representative of the indigenous Community, a representative of the State
and a third member appointed by mutual agreement between the victims and the
State. If the State and the representatives fail to reach agreement regarding the
members of the implementation committee within the said time frame, the Court will
decide.
325. Moreover, in light of the conclusions reached in the chapter of this judgment on
Article 4(1) of the Convention, the Court considers it appropriate, in accordance with
the equity principle, and based on a prudent assessment of the non-pecuniary
damage, that the State pay the sum of US$260,000.00 (two hundred and sixty
thousand United States dollars) to the leaders of the Xákmok Kásek Community. This
compensation for non-pecuniary damage for the members of the Community who died
(supra para. 234) must be made available to the said leaders of the Community within
one year of notification of this judgment, so that, in accordance with their customs and
traditions, they may distribute the amount that corresponds to each family member of
those who died or invest the money as the Community sees fit, in keeping with its own
decision-making procedures.
7.
Costs and expenses
326. The Commission and the representatives asked that the State be ordered to pay
the costs and expenses incurred in processing the judicial, administrative, and
legislative proceedings filed by the victims or their representatives at the domestic
level, as well as those arising at the international level during the processing of the
case before the Commission and the Court.
327. In their final written arguments, the representatives requested US$32,534.17
(thirty-two thousand five hundred and thirty-four United States dollars and seventeen
cents), which includes items for fieldwork, travel to the Inter-American Commission,
travel to litigate before the Court, and mailing expenses.
328. The State indicated, with regard to the request for payment of costs and
expenses related to the domestic proceedings, that “all the proceedings filed by [the]
lawyers were insufficient and inconclusive.” It also indicated that “the Community’s
representatives are abusive, because, in addition to their negligence in the professional
task entrusted to them, they add the absurd request to order the State to pay costs
that they do not deserve owing to the deficient service provided.”
329. The Court has indicated that “the claims of the victims or their representatives
with regard to costs and expenses, and the vouchers that support them, must be
presented to the Court at the first procedural moment granted them, that is, in the
pleadings and motions brief; this does not preclude them from updating these claims
subsequently, in keeping with the new costs and expenses incurred in the proceedings
before this Court.”315 Furthermore, the Court reiterates that “the submission of
probative documents is not sufficient; the parties are also required to present
arguments that relate the evidence to the fact represented and, in the case of alleged
315
Cf. Case of Chaparro Álvarez and Lapo Íñiguez. v. Ecuador. Preliminary objections, merits,
reparations and costs. Judgment of November 21, 2007. Series C No. 170, para. 275; Case of the “Dos
Erres” Massacre v. Guatemala, supra note 12, para. 302, and Case of Chitay Nech et al. v. Guatemala,
supra note 8, para. 284.
74
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents