19
82.
In exercise of its jurisdictional powers, it is up to the Court to make a prudent
estimate of the specific extent of the costs that should be ordered, taking into
account any receipts and vouchers provided, the particular circumstances of the
case, the nature of the jurisdiction for the protection of human rights, and the
characteristics of the respective proceedings, which are unique and different from
those of other proceedings, both at the domestic and international levels. The Court
shall determine the reasonable quantum of the costs incurred by the victims’ families
and their attorneys in the proceedings within the Argentine courts, with the InterAmerican Commission and before this Court, on an equitable basis, and consider the
"sufficient connection" that must exist between those costs and the results achieved
(cf.: European Court of Human Rights, Brincat v. Italy Judgment of November 26,
1992, Series A no. 249-A).
83.
In the Court’s view, the method of setting costs as a percentage of the
amount of compensation obtained is not adequate. There are other, more important
factors to be weighed when assessing the performance of the attorneys in a
proceeding before an international tribunal, such as the evidence introduced to
demonstrate the facts alleged, full knowledge of international jurisprudence and, in
general, everything that would demonstrate the quality and relevance of the work
performed.
84.
Another factor that needs to be considered to determine the fees of Mr.
Varela-Alvarez and Mr. Lavado is that they shared representation of the victims’
families with other attorneys at various stages of the process, both in proceedings in
the domestic courts and before the Inter-American bodies.
85.
Based on the foregoing, the Court sets costs at the sum of US$45,500
(fourty-five thousand five hundred United States of America dollars); of that amount,
US$20,000 (twenty thousand United States of America dollars) is to be the fees for
the two attorneys.
XI
COMPLIANCE WITH THE JUDGMENT
86.
To comply with this judgment, the State is to pay, within six months from the
date of notification of the judgment, the compensations agreed upon for the adult
next of kin; if any one of them has died, his compensation shall pass to his heirs. If
one or both children of Mr. Baigorria (supra 55) are minors, the compensation shall
be handed over to the person who has patria potestas or guardianship. The
minor[s] will receive the indemnity in three equal and consecutive monthly
installments. To that end, the State is to deposit the sum of US$40,000 (fourty
thousand United States of America dollars) ordered by this Court for the minors,
(supra 65) in a savings account in a solvent and sound safe financial institution on
the most favorable terms allowed under banking law and practice. If at the end of
ten years the indemnity has not been claimed, the sum shall be returned, with
interest, to the Argentine State. However, this shall not be interpreted to mean that
the right to claim the indemnity will lapse or is time-barred.
87.
The State may discharge its obligations by making the payment in United
States dollars or an equivalent cash sum in Argentina’s national currency. The
exchange rate used to determine the equivalent value shall be the one in effect on
the New York market on the day before the date of payment.