6
21.
The Commission, in turn, stated that
the […] Court has established that Peru has breached the American Convention in this
case, and ordered payment of monetary compensation. It is necessary for the domestic
courts to intervene so as to execute the judgment in accordance with the parameters
established by the […] Court. Those parameters necessarily include indemnification
categories established by the […] Court, such as compensation for consequential
damages and loss of income, lost profits, loss of future incomes, etc. The Commission
respectfully requests that if such parameters were not sufficiently clear, the Court
establish precisely the amount which must be paid by the State for material damages.
It is not the role of the State to negotiate its responsibility as a victim at a national level,
[…] instead it must simply execute the judgment of the […] Court.
22.
Furthermore, regarding the attorney’s fees, the Commission expressed its
concern and stated that “[t]he judgment must bear some relationship to the criteria
to determine amounts payable at a national level, but it must also bear a realistic
relationship to the contract negotiated between the attorney and his client.
Unwillingness to recognize the contract between the attorney and his client and to
order payment to the attorney of what the applicant calls “symbolic fees” will reduce
the filing of cases with the inter-American system to private attorneys willing to work
pro bono, and other professionals carrying out their task due to their own interest
and not for expected remuneration, which in [the opinion of the Commission] is not
the result sought”.
Pleadings by the State
23.
In its October 5, 2001 brief, Peru stated that “merely reading of [paragraphs
41, 46, and 47 of the Judgment on Reparations] allows them to be understood in the
usual sense of the meaning of their wording. Therefore, the State does not agree
that there is a need to request their interpretation”. Nevertheless, as regards the
more specific aspects on which Mr. Cesti has requested clarification (supra 10), the
State agrees that a order of the Court is required, “since according to domestic
norms, a petition by a party is necessary to initiate judicial action to determine the
indemnification”.
24.
The Peruvian State expressed that the ideal entity to determine the amount
of indemnification is the Judiciary, since it is an independent power whose decision
will be respected by the Government “if it were to face an application filed there by
citizen Cesti Hurtado”. The State also stated that “within the procedure established
for this purpose there is a conciliation stage, in which the parties have an
opportunity to reach an agreement on the criteria to determine the amount of
indemnification”, and that since there are important discrepancies between the
parties regarding the criteria and the amounts of compensation claimed, said
discrepancies should be heard in civil proceedings.
25.
The Peruvian State added that
[…] it considers that both the amount and the very items claimed as material damages,
cannot be unilaterally set by only one of the parties and that therefore a judicial
proceeding is the appropriate mechanism set forth in domestic legislation to hear and
decide this issue […]
26.
Regarding expenses and costs, it argued that the Court already ordered their
reimbursement and that the amount “includes professional fees, and no further
claims should be made in this regard”. The State also considered that the process of
indemnification may extend beyond the six-month period mentioned in paragraph 74