84
apportioned as follows: a) US $10,000.00 (ten thousand US dollars) to Association
Moiwana, as well as an additional US $5,000.00 (five thousand US dollars) for
expected future costs; b) US $68,213.75 (sixty-eight thousand two hundred thirteen
US dollars and seventy-five cents) to Moiwana ‘86; and c) US $32,681.61 (thirty two
thousand six hundred eighty-one US dollars and sixty one cents) to the Forest
Peoples Programme.
Arguments of the State
221. The State requested that the payment of legal costs and fees be denied,
based on the fact that legal costs of this nature bear no relationship to prevailing
conditions in the Inter-American system and that their award has no legal basis
within this system.
The Court’s Assessment
222. As the Court has stated on previous occasions, costs and fees are
contemplated within the concept of reparations as enshrined in Article 63(1) of the
American Convention, since the victims’ efforts to obtain justice in the domestic as
well as international stages of the case lead to expenses that must be compensated
when the State’s international responsibility has been determined. In this regard,
the Tribunal must prudently assess such expenses, which involve both internal and
international judicial processes, and take into account the particular circumstances of
the case and the nature of international jurisdiction in the protection of human
rights. The estimate must be made on grounds of equity and in consideration of the
reasonable expenses submitted by the parties. In the instant case, the Court
observes that the representatives have waived attorneys’ fees, and thus only seek an
award of costs.
223. In light of the above, the Court sees fit, on grounds of equity, to direct the
State to grant an indemnity for costs of US $45,000.00 (forty-five thousand US
dollars), to the legal representative of Association Moiwana, which functions as a
coordinating mechanism for the victims (supra paragraph 86(36)). Of that total
amount, US $27,000.00 (twenty-seven thousand US dollars) shall correspond to the
costs of the organization Moiwana ’86, and US $10,000.00 (ten thousand US dollars)
shall correspond to the costs of the Forest Peoples Programme.
224. Furthermore, it has been demonstrated (supra paragraph 86(44)) that
Association Moiwana has been actively involved in the efforts for justice in the
instant case. Although Association Moiwana did not submit expense receipts before
the Court, the representatives have nonetheless requested an award for costs to said
organization, based in equity, and have also indicated that Association Moiwana will
continue to be involved in advocating for the eventual investigative and judicial
proceedings concerning the facts of the present case. In this way, of the total
amount of US $45,000.00 that will be disbursed to the legal representative of
Association Moiwana, US $8,000.00 (eight thousand US dollars) shall correspond to
the past and likely future costs of Association Moiwana.
XV
MEANS OF COMPLIANCE
225. To comply with the instant judgment, the State shall pay the compensation
ordered (supra paragraphs 187, 196, 223 and 224), carry out the public ceremony
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents