88
the State, the Court observes that the tariff of the Bar Association of La Paz mentioned by
the State (supra para. 287) establishes, for 2005, the minimum, but not the maximum
professional fees, that lawyers working on different matters, including criminal matters,
should charge.292 Consequently, this document is of no use to inform the Court about the
amount that should be established for this item. On the other hand, the Court has no
information to confirm how the State calculated the sum of US$3,000.00 (three thousand
United States dollars) in expenditure allegedly incurred by Mrs. Rebeca Ibsen during the
domestic criminal proceedings.
291. Based on the foregoing, the Court determines, in equity and given the particular
circumstances of the instant case that the State must award the sum of US $15,000.00
(fifteen thousand United States dollars) to Rebeca Ibsen Castro for costs and expenses
incurred during the domestic criminal proceedings (infra para. 292). Also, the State must
deliver the sum of US$10,000.00 (ten thousand United States dollars) to Tito Ibsen Castro
for costs and expenses, who must deliver the amount he considers appropriate to those
who representeded the Ibsen family in the proceeding before the Inter-American System,
in accordance with the assistance they have provided. These amounts must be handed
over within one year from the notification of this judgment (infra para 292). During the
supervision of compliance with this judgment, the Tribunal may order the State the
reimbursement to the victims or their representatives of the reasonable and duly proved
expenditures.
E.
Method of compliance with the payments ordered
292. The State must pay the compensation for pecuniary and non-pecuniary damage
directly to the beneficiaries, and the payment for costs and expenses directly to Messrs.
Rebeca Ibsen Castro and Tito Ibsen Castro, within one year from notification of this
judgment, in accordance with the terms of the following paragraphs.
293. The payments corresponding to compensation for pecuniary and non-pecuniary
damage suffered directly by Rainer Ibsen Cárdenas and José Luis Ibsen Peña (supra paras.
267 and 271) shall be distributed in equal parts between their rightful claimants.
294. Should any of the beneficiaries die before they have received the respective
compensation, this shall be delivered directly to their rightful claimants, in accordance with
the applicable domestic laws.
295. The State must comply with its obligations by payment in Dollars of the United
States of America or the equivalent amount in the Bolivian currency, using the exchange
rate in force in the New York exchange the day before the payment to make the respective
calculation.
296. If, for reasons that can be attributed to the beneficiaries of the compensation or to
their rightful claimants, it is not possible to pay the amounts established within the
indicated term, the State shall deposit the amount in their favor in an account or a deposit
certificate in a solvent Bolivian financial institution in Dollars of the United States of
America and in the most favorable financial conditions permitted by law and banking
practice. If, after 10 years, the compensation has not been claimed, the amounts shall
revert to the State with the accrued interest.
292
Cf. “Minimum Tariff of Professional Fees” - Distinguished Bar Association of La Paz (case file on the
merits, volume III, folios 1054 to 1063).
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