17
73.
The case law of this Court has consistently been that the State has a legal
duty to take reasonable steps to prevent human rights violations and to use the
means at its disposal to carry out a serious investigation of violations committed
within its jurisdiction, to identify those responsible, to impose the appropriate
punishment and to ensure the victim adequate compensation. If a violation goes
unpunished in a State, in such a way that the victim’s full enjoyment of such rights is
not restored as soon as possible, the State has failed to comply with its obligation to
ensure the free and full exercise of those rights to the persons within its jurisdiction.
(Velásquez Rodríguez Case, supra 41, para. 174; Godínez Cruz Case, supra 41, para.
184; El Amparo Case, Reparations, supra 40, para. 61 and operative paragraph 4;
Neira Alegría et al. Case, Reparations, supra 40, para. 69 and operative paragraph
4; Caballero Delgado and Santana Case, Judgment of December 8, 1995. Series C
No. 22, paras. 58 and 69 and operative paragraph 5; Castillo Páez Case, Judgment
of November 3, 1997. Series C No. 34, para. 90; Suárez Rosero Case, Judgment of
November 12, 1997. Series C No. 35, para. 107 and operative paragraph 6; Blake
Case, Judgment of January 24, 1998. Series C No. 36, para. 121 and operative
paragraph 3; Paniagua Morales et al. Case, Judgment of March 8, 1998. Series C
No. 37, para. 178 and operative paragraph 6).
74.
It follows, therefore, that Argentina has a legal obligation to investigate the
facts leading to the disappearance of Adolfo Garrido and Raúl Baigorria and to bring
to trial and punish the authors, accomplices, accessories after the fact, and all those
who may have played some role in the events that transpired.
X
COSTS
75.
In its application, the Commission requested that "the Court order the
Argentine State to pay … "the honoraria of the professionals who have served as
representatives of the victims both in their efforts before the Commission and in the
proceedings before the Court" (supra 15). On April 7, 1997, by which time the
judgment on the merits had been handed down and the reparations phase was
already in progress, the victims’ families petitioned the Court to order the Argentine
State to pay the honoraria of attorneys Carlos Varela Álvarez and Diego J. Lavado,
who estimated those fees at 15% of the total amount of the agreed-upon
compensation (supra 27). At the January 20, 1998 hearing, attorney Carlos Varela
Álvarez reiterated the request that the Court order the Argentine State to pay his
fees and those of his colleague, and that the Court determine what those fees should
be. He pointed out that both had served as attorneys on the case since 1991, in the
proceedings before the Mendoza courts, the Inter-American Commission and this
Court (supra 35).
76.
In their brief of April 7, 1995, the attorneys for the victims’ families, VarelaAlvarez and Lavado, stated that they had not kept a record of all expenditures
incurred, which was understandable given the "social circumstances of these
people." They then requested that the Court set the amount of the expenditures by
estimating an approximate figure, particularly given the facts that Argentina had
acknowledged in its counter-memorial. Among the expenses mentioned were the
fees of four attorneys who took part in proceedings before the Argentine courts, trips
made to the provinces of San Juan, San Luis, Cordoba and El Chaco in search of the
disappeared men, and notary fees for the general powers of attorney for trials and
for testimony sworn before a notary public. The victims’ families estimated all their