67
rights that, as a measure of satisfaction, will honor the memory of the human rights
defender.
238. Regarding the medical and psychological care indicated in paragraph 227, the Court
finds it necessary to order the State to provide this care free of charge immediately,
adequately and effectively through its specialized health care institutions. The psychological
and psychiatric care must be provided by personnel and institutions specialized in treating
the difficulties and ailments of these persons arising from the facts of the case. This medical
and psychological care must be provided as of notification of this judgment and for the time
necessary, and must include the provision of the required medicines, and take into account
the ailments of each person related to the facts of the instant case, following an individual
assessment.169
239. The Court observes that the Commission and the representatives requested
additional measures of reparation with the objective of raising awareness about the risks
faced by human rights defenders, in order to avoid a recurrence of facts such as those of
the instant case. However, the Court finds that the measures already ordered (supra paras.
231 to 234 and 238) make a significant contribution to achieving this purpose, so that it
does not find it necessary to order additional measures in the context of this case.170
D) COSTS AND EXPENSES
240. The Commission asked the Court to order the State to “pay the costs and expenses
duly authenticated by [the representatives], bearing in mind the special characteristics of
the case.”
241. The representatives alleged that the costs and expenses they incurred to litigate the
case at the domestic level and before the Commission amount to US$11,681.84 (eleven
thousand six hundred and eighty-one United States dollars and eighty-four cents) for the
Grupo Interdisciplinario por los Derechos Humanos and US$4,382.76 (four thousand three
hundred and eighty-two United States dollars and seventy-six cents) for the Comisión
Colombiana de Juristas. In addition, the representatives alleged that they had incurred
expenses of US$33,805.00 (thirty-three thousand eight hundred and five United States
dollars) to produce the evidence provided to the Court, which included the transportation of
witnesses, lawyers, and expert witnesses between Colombia and Costa Rica. In addition, in
the case of their fees, they suggested that the Court take into account the amounts
established for proceedings under administrative law by the National Lawyers’ Professional
Association
242. The State undertook to pay the representatives’ legal costs and expenses, and
alleged that the other expenses incurred by the representatives should be subsumed in the
costs ordered by the Court.
243. As the Court has indicated on previous occasions, costs and expenses are included in
the concept of reparations embodied in Article 63(1) of the American Convention, since the
actions taken by the victims, their next of kin, or their representatives to obtain justice at
both the national and the international level involve expenditure that must be compensated
169
Cf. Case of Cantoral Benavides, supra note 15, para. 51; Case of Heliodoro Portugal, supra note 13, para.
256, and Case of Cantoral Huamaní and García Santa Cruz, supra note 62, para. 200.
170
Cf. Case of Heliodoro Portugal, supra note 13, para. 262.
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