49
232.
Therefore, the Court sets in equity the amount of US$ 50.000,00 (fifty thousand
U.S. dollars) for the benefit of Mr. Usón Ramírez as non-pecuniary damages. The State shall
pay such amount directly to the beneficiary within the term of one year, as from the time of
the notification of this Judgment is served.
D)
Costs and Legal Fees
233.
The Commission requested the Court to order the State to pay “the costs and legal
fees incurred by the victim and his representatives in the proceedings of this case both at
the national level and at the level of the Inter-American System.” The Commission also
indicated that the Court shall consider “the fees for legal assistance” to the victim as part of
such expenses.
234.
The representatives pointed out that “[i]n the various proceedings before the
national and international instances, Mr. Usón Ramírez incurred costs and expenses which
are estimated cautiously at thirty thousand U.S. dollars (US[$] 30.000[,00]), plus any legal
fees. The representatives requested that the Court shall decide that such costs, expenses
and legal fees shall be reimbursed.
235.
The State did not present any observations related to the evidence on the costs and
legal fees submitted by the representatives as has been required by this Tribunal (supra
para. 13).
236.
As pointed out by the Court on previous occasions, the costs and expenses are
included in the concept of reparation established in Article 63(1) of the American
Convention, since the activities carried out by the victims, their families or representatives
to obtain justice, both at national and at international level, involves expenses that must be
compensated when the international responsibility of the State is established by means of a
condemning judgment. As regards their reimbursement, the Tribunal shall consider its
scope prudently; it includes the expenses before the authorities of the domestic jurisdiction
as well as the expenses during the course of the trial before the Inter-American System,
taking into account the circumstances of the specific case and the nature of the international
jurisdiction of the protection of human rights. This may be made on the basis of the
principle of equity taking into account the expenses described by the parties thereto,
provided their quantum is reasonable.169
237.
Therefore, the Tribunal observes that Mr. Usón Ramírez and his representatives
provided evidence that Mr. Usón Ramírez paid the amount of Bs.F 55.900,00 strong bolivars
(approximately US$ 26.546,00) to his legal representative before the Venezuelan tribunals,
and that he still owes the amount of Bs.F 56.100,00 strong bolivars (approximately US$
26.158,00). Likewise, the representatives verified that the Project for Strategic Conflict of
the American University Washington College of Law incurred in expenses for US$ 2.386,55
(two thousand three hundred and eighty-six US dollars and fifty-five cents) in relation to the
public hearing held in this case.
238.
Consequently, taking into account the evidence provided and that the State did not
present any observations in this regard, the Court sets in equity the amount of US$
20.000,00 (twenty thousand U.S. dollars), for costs and legal fees. Such amount shall be
transferred to Mr. Usón Ramírez within the term of one year as from the time of the
169
Cf. Case of Garrido and Baigorria v. Argentina. Reparations, and Costs. Judgment of August 27, 1998.
Series C No. 39, para. 82; Case of DaCosta Cadogan, supra note 9, para. 119, and Case of Acevedo Buendía et
al.(“Discharged and Retired Employees of the Office of the Comptroller”), supra note 9, para. 146.
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