44
136. As it has on other occasions,81 the Court orders that the State shall publish in
the official gazette and in another newspaper with widespread national circulation, at
least once, the chapter on Proven Facts, paragraphs 65, 66, 72, 81, 82, 85, 86, 102
and 113, corresponding to Chapters VIII, IX, X and XI, and the first to sixteenth
operative paragraphs of this judgment. The publication should include the titles of
the said chapters and omit the footnotes. The publication should be carried out
within one year from notification of this judgment.
e)
Costs and expenses
137. The Court has established that costs and expenses are included in the concept
of reparation embodied in Article 63(1) of the American Convention.82 The Court
must prudently assess their scope, considering the expenses incurred in both the
domestic and the inter-American jurisdiction and taking into account the
authentication of the expenses incurred, the circumstances of the specific case and
the nature of the international jurisdiction for the protection of human rights. This
assessment may be based on the principle of equity.83
138. The Court takes into consideration that Mr. Raxcacó Reyes acted through his
representatives in both the domestic sphere and before the Commission and this
Court. Therefore, the Court considers that it is equitable to order the State to
reimburse Mr. Raxcacó Reyes the sum of US$5,000.00 (five thousand United States
dollars) or the equivalent in Guatemalan currency, for costs and expenses. Mr.
Raxcacó Reyes shall deliver the corresponding amounts to his representatives, in
keeping with the assistance they have provided.
XIII
MEANS OF COMPLIANCE
139. To comply with this judgment, the State must effect the payment for
reimbursement of costs and expenses (supra para. 138) within one year of
notification of this judgment; and must adopt the other measures of reparation in
the terms of paragraphs 132 to 136 of this judgment.
140. The State may comply with its pecuniary obligations by payment in United
States dollars or the equivalent amount in the State’s national currency, using the
exchange rate between the two currencies in force on the New York, United States of
America, market the day before the payment to make the respective calculation.
141. If, for reasons not attributable to the State, Mr. Raxcacó Reyes is unable to
receive the reimbursement of costs and expenses in order to deliver the
corresponding amounts to his representatives within the indicated period of one year
from notification of this judgment, the State shall deposit the amount in his favor in
81
Cf. Case of Acosta Calderón, supra note 1, para., 164; Case of Yatama, supra note 1, para. 252,
and Case of the Indigenous Community Yakye Axa, supra note 4, para. 227.
82
Cf. Case of Yatama, supra note 1, para. 264; Case of the Indigenous Community Yakye Axa,
supra note 4, para. 231, and Case of the Moiwana Community. Judgment of June 15, 2005. Series C No.
124, para. 222.
83
Cf. Case of Yatama, supra note 1, para. 264; Case of the Indigenous Community Yakye Axa,
supra note 4, para. 231, and Case of the Moiwana Community, supra note 83, para. 222.
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