37
preceding paragraphs in particular constitute per se moral reparation. Indeed, the
entire Judgment represents moral reparation.
*
*
*
72.
Concerning the reimbursement of costs and expenses, this Court must
evaluate their scope with prudence. This evaluation may be made based on the
principle of equity and take into account the expenses indicated by the parties,
provided that the quantum is reasonable.113
73.
The Court believes that the representatives of the victim must be reimbursed
the sum of US$15,000.00 (fifteen thousand United States dollars) or the equivalent
in Argentine currency at the time payment is made, as compensation for the
expenses they incurred in international jurisdiction. The payment is to be exempt
from any current or future tax or charge.
74.
To comply with the present Judgment, the State shall adopt the reparations
measures indicated in paragraph 70 and pay to the victim’s representatives the
expenses therein indicated. The State shall fulfill both obligations within six months
of the date of notification.
75.
Should the State fail to pay the amounts for expenses incurred (supra 73)
within the time period provided for in the preceding paragraph, it shall be delinquent
and must pay interest on the amount owed at the interest rate that Argentine banks
charge for delinquent debts. If for any reason the representatives of the victim do
not appear to claim the amount owed to them for expenses caused to them, the
State shall place the amounts in question in a bank account or certificate of deposit
in their names, with a solvent financial institution and at the most favorable terms.
If at the end of 10 years the sum is not claimed, it shall be returned to the State,
with any interest earned.
76.
In keeping with this Court’s jurisprudence constante, the Court reserves the
authority to monitor for full compliance with the present Judgment. The process
shall be considered concluded once the State has fully complied with the provisions
of the present Judgment.
IX
OPERATIVE PARAGRAPHS
77.
Now therefore,
THE COURT
unanimously
1996. Series C No. 29, par. 56; and El Amparo Case. Reparations (Art. 63(1) American Convention on
Human Rights). Judgment of September 14, 1996. Series C No. 28, par. 62.
113
Cf. El Caracazo Case, Reparations, supra note 5, par. 130; Constitutional Court Case, supra note
8, par. 125, and Suárez Rosero Case, Reparations, supra note 112, paragraphs 92 and 97.
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