whereabouts of Nicholas Blake. Accordingly, there is no contradiction in this respect
between the judgments on merits and on reparations.
26.
With regard to the second issue on the reimbursement of the expenses
incurred in processing the case before the inter-American system, the Court clarifies
that Article 23 of its current Rules of Procedure recognizes locus standi to the victims,
their next of kin or their representatives, and this condition allows them to submit
their own arguments and evidence independently during the reparations stage and
their right to reimbursement of representation-related expenses to be recognized.
27.
This Court has said that “[i]n practice, the legal assistance provided to the
victim does not begin with the reparations phase; instead, it begins with the
proceedings before the domestic courts and continues throughout each phase of the
proceedings under the inter-American system for the protection of human rights, in
other words, in the proceedings conducted before the Commission and before the
Court [...]”5. In its recent jurisprudence, since the entry into force of the current
Rules of Procedure, the Court has recognizes that costs
are one element to be considered under the concept of reparations to which Article 63.1
of the Convention refers since they are a natural consequence of the effort made by the
victim, his or her beneficiaries, or representatives to obtain a court settlement
recognizing the violation committed and establishing its legal consequences6.
28.
In its judgment of January 22, 1999, the Court ordered the reimbursement of
the expenses of processing the case before the institutions of the inter-American
human rights system, by declaring the admissibility of the corresponding petition,
which the victim’s next of kin or representatives presented to the Court, during the
reparations phase.
29.
This compensation could only be ordered in the judgment on reparations, as
effectively occurred. Consequently, the judgment on merits could omit all reference
to this, without the victim’s next of kin losing the right to reimbursement of their
expenses related to representation before the inter-American system.
30.
For the foregoing reasons, the Court considers that the contradiction alleged
by the State between the provisions of the judgments on merits (of January 24,
1998) and on reparations (of January 22, 1999) does not exist, and that the
compensation ordered in the first of these decisions for “expenses in representations
to the Guatemalan authorities” does not exclude the possibility of the Court ordering
the payment claimed by the victims’ next of kin for both “expenses of an extrajudicial
nature” and the “reimbursement of expenses incurred in processing the case before
the inter-American system for the protection of human rights”, as it did in the
judgment on reparations.
5.
Garrido y Baigorria case, Reparations (Article 63.1 of the Inter-American Convention on Human
Rights), Judgment of August 27, 1998. Series C No. 39, para. 81.
6.
Cfr. Garrido y Baigorria case, Reparations, supra note 5, para. 79; Loayza Tamayo case,
Reparations (Article 63.1 of the Inter-American Convention on Human Rights), Judgment of November 27,
1998. Series C No. 42, para. 176; Suárez Rosero case, Interpretation of the Judgment on Reparations
(Article 67 of the Inter-American Convention on Human Rights), Judgment of May 29, 1999. Series C No.
51, para. 40 and Loayza Tamayo case, Interpretation of the Judgment on Reparations (Article 67 of the
Inter-American Convention on Human Rights), Judgment of June 3, 1999. Series C No. 53, para. 24.