However, the Court finds it reasonable to suppose that, over the years during which
this case was processed, the representatives incurred expenses. However, it
emphasizes that the expenses paid directly by the alleged victims were taken into
account when calculating their financial compensation. Therefore, the Court decides
to establish the reasonable sum of US$10,000 (ten thousand United States dollars)
each for the two representatives of the alleged victims, namely, representative Jemio
Mendoza and representative Gómez Rojas. With regard to the inter-American public
defenders, their expenses were covered through the application of the Victims’ Legal
Assistance Fund. 7
17. Based on the transcript above, it is clear that the Court ordered that the payment of
costs and expenses, as regards the representation of Patricia Catalina Gallardo Ardúz and
María Fernanda Peña Gallardo, be awarded to representative Hugo Efraín Jemio Mendoza.
On this point, according to what Mr. Jemio Mendoza himself stated, the representation of
the victims Gallardo Ardúz and Peña Gallardo before the Court was assumed by him alone.
Thus, the provisions of paragraph 337 are clear and precise, and therefore no clarification
is necessary. Consequently, the Court dismisses the State’s request for interpretation.
B.
Request for interpretation regarding the measure of medical and
psychological and/or psychiatric treatment
B.1. Arguments of the parties and of the Commission
18. The State indicated that “although the judgment requires that medical and
psychological and/or psychiatric care be provided free of charge and immediately to all
victims who request it, it does not specify the time period in which the victims may make
such a request,” which “is essential to generate legal certainty and security for all parties
to the proceedings, to be clear about the timing of requests and to avoid subsequent
observations during the monitoring compliance with judgment stage.” It also pointed out
that “the health care to be provided as rehabilitation measures should be directly related
to the specific ailments of the victims resulting from this case,” and therefore asked the
Court to specify whether this “should be deduced from the claims made by the
representatives and by the Court [in] the judgment” or “through a prior […] physical and
psychological assessment.”
19. The inter-American public defenders asked the Court to “reject the request for
interpretation,” since it constitutes “a request for review and modification of an aspect
of the judgment.” They considered that the Court “has adopted a broad position as
regards rehabilitation measures.” They also reported that they had already “informed
the […] State about the claims of all the victims who were present at the proceedings,”
but that “it is clear that informing on the medical claims of the absent victims may take
more time, as this depends on them being located.” Thus, “the lack of a precise deadline
for requesting the rehabilitation measures to be implemented by the State seems
reasonable in light of the large number of recognized absent victims.” Finally, they
pointed out that the judgment is clear that “the victims’ treatment needs must be
deduced from the claims made by the representatives, from the violations recognized
by the Inter-American Court in its judgment and from the physical and psychological
assessments previously carried out on the victims,” since “all these elements, which
complement each other, must be taken into consideration when providing the victims
with the medical, psychological and/or psychiatric treatment that they may request.”
7
Cf. Case of Valencia Campos et al. v. Bolivia. Preliminary objection, merits, reparations and costs.
Judgment of October 18, 2022. Series C No. 469, para. 337.
5