deprived of liberty and their next of kin and the community, and to organize awarenessraising campaigns and protocols for the actions of journalists. The representative and the
Commission also requested the improvement of detention conditions in the Mendoza
Prisons.
361. The Court finds that the measures of reparation ordered in this Judgment are
sufficient as regards the facts and the human rights violations established, among others
factors, because César Alberto Mendoza and Claudio David Núñez have been released, and
Saúl Cristian Roldán Cajal and Lucas Matías Mendoza are detained for the supposed
perpetration of other offenses.
G. Reimbursement of expenses to the Victims’ Legal Assistance Fund
362. In 2008, the General Assembly of the Organization of American States created the
Legal Assistance Fund of the Inter-American Human Rights System in order to “facilitate
access to the inter-American human rights system by persons who currently lack the
resources needed to bring their cases before the system.” 415 In the instant case, the victims
were granted the necessary financial assistance from the Legal Assistance Fund for expert
witness Sofía Tiscornia to appear at the public hearing, as well as for the expenses related
to the preparation of her expert opinion. It was also decided that financial assistance would
be allocated to cover travel and accommodation expenses for the presumed victim Stella
Maris Fernández to provide her testimony at the public hearing.
363. The State had the opportunity to present its observations on the disbursement made
in this case, which amounted to US$3,693.58 (three thousand six hundred ninety-three
United States dollars and fifty-eight cents). The State did not submit any observations in
this regard. It is for the Court, pursuant to article 5 of the Rules of the Fund, to evaluate the
admissibility of ordering the defendant State to reimburse the Legal Assistance Fund the
disbursements incurred.
364. Based on the violations declared in this Judgment, the Court orders the State to
reimburse the Fund the sum of US$3,693.58 (three thousand six hundred ninety-three
United States dollars and fifty-eight cents) for the said expenses related to the appearance
of Stella Maris Fernández and expert witness Sofía Tiscornia at the public hearing, as well as
to the preparation of the latter's expert opinion. This amount must be repaid within ninety
days of notification of this Judgment.
H.
Method of compliance with the payments ordered
365. The State must pay the compensation for pecuniary and non-pecuniary damage
established in this Judgment directly to the persons indicated herein, within one year of
notification of the Judgment, in the terms of the following paragraphs.
366. If any of the beneficiaries should die before they have received the respective
compensation, the amount will be provided directly to their heirs, pursuant to the applicable
domestic law.
415
AG/RES. 2426 (XXXVIII-O/08), Resolution adopted by the thirty-eighth General Assembly of the OAS,
during the fourth plenary session, held on June 3, 2008, “Creation of the Legal Assistance Fund of the InterAmerican Human Rights System,” operative paragraph 2(a), and CP/RES. 963 (1728/09), Resolution adopted by
the OAS Permanent Council on November 11, 2009, “Rules of Procedure for the Legal Assistance Fund of the InterAmerican Human Rights System,” article 1(1).
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