repeatedly that the judgment may constitute per se a form of reparation. 576 The Court has also
developed in its case law the concept of non-pecuniary damage, which can include the suffering and
affliction caused to the direct victims, the impairment of values that are of great significance for the
individual, and also the changes of a non-pecuniary nature in the living conditions of the victims or
their family. 577
416. In the instant case, this Court has considered it proved that Ms. J. had a bachelor’s degree in
law at the time of her arrest. Even though Ms. J. has received an income after leaving Peru, the
Court considers that it should establish, in equity, compensation for Ms. J.’s loss of earnings. In
addition, the Court finds it reasonable to presume that the facts of this case have caused Ms. J. to
incur expenses, such as medical care. Also, the Court considers that, owing to the violations
declared in this Judgment, it can be presumed that these caused serious non-pecuniary damage,
because it is inherent in human nature that any person who has suffered a violation of his or her
human rights experiences suffering. 578
417. The Court does not have sufficient probative elements to determine with precision the
pecuniary and non-pecuniary damage caused in the instant case. However, based on the criteria
established in the Court’s consistent case law, the circumstances of the case, the nature and
severity of the violations committed, as well as the physical, moral and psychological suffering
caused to the victim, 579 the Court finds it pertinent to establish, in equity, for pecuniary and nonpecuniary damage the sum of US$40,000.00 (forty thousand United States dollars), which must be
paid within the respective time frame established by the Court (infra para. 429).
F) Costs and expenses
418. As the Court has indicated on previous occasions, costs and expenses are included in the
concept of reparation established in Article 63(1) of the American Convention. 580 Costs and
expenses are part of the concept of reparation, because the actions taken by the victims in order to
obtain justice at both the domestic and the international level, entail disbursements that must be
compensated when the State’s international responsibility has been declared in a guilty verdict. 581
419. The representative asked for “reimburse[ment of] the costs and expenses disbursed by J.
over the time – since 1997 – that this case has been processed by the inter-American system.” She
also requested the “reimbursement of legal fees and the hours spent by the legal representatives
582
In addition, the representative advised that, following the delivery of
working […] on this case.”
the final written arguments, she had incurred expenditure of US$866,522. On that occasion, she
indicated that, in total, the “costs of litigation, during the stage of the proceedings before Court are
[US$15,980,522].
576
Cf. Case of El Amparo v. Venezuela. Reparations and costs. Judgment of September 14, 1996. Series C No. 28,
para. 35, and Case of Luna López v. Honduras, supra, para. 265.6.
577
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and costs. Judgment of May
26, 2001. Series C No. 77, para. 84, and Case of Luna López v. Honduras, supra, para. 251.
578
Cf. Case of Reverón Trujillo v. Venezuela, supra, para. 176, and Case of the Constitutional Tribunal (Camba
Campos et al.) v. Ecuador, supra, para. 303.
579
Cf. Case of Ticona Estrada et al. v. Bolivia, supra, para. 109, and Case of the Río Negro Massacres v. Guatemala,
supra, para. 309.
580
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs. Judgment of August 27, 1998. Series C No.
39, para. 79, and Case of the Constitutional Tribunal (Camba Campos et al.) v. Ecuador, supra, para. 315.
581
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs, supra, para. 79, and Case of the
Constitutional Tribunal (Camba Campos et al.) v. Ecuador, supra, para. 316.
582
In this regard, she indicated “as a reference point, an hourly rate according to the rates applied by the UK
Attorney General’s Panel of Counsel, of £120 an hour.”
121
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