78
292. Consequently, the Court establishes on the grounds of equity, for the concept
of non-pecuniary damages, the amount of US$20.000.00 (twenty thousand US
dollars) for each of the 153 victims, as a consequence of the violation of Articles
5(1), 8(1) and 25(1) of the American Convention, in relation to Article 1(1) thereof.
293. In the case of Ramiro Osorio Cristales, the Court deems it pertinent to
establish, a compensation of US$40.000.00 (forty thousand US dollars), taking into
account that: a) he was declared victim of the violation of Articles 5(1), 8(1) and
25(1) of the Convention for the denial of justice and the related suffering; b) he was
declared victim of the violation of Articles 17, 18, and 19 of the Convention for being
separated from his family and with another name, and for not being guaranteed
special protective measures for his condition as a minor, and c) the psychological
effects and damages to his family life project283 and his exile.
294. Lastly, regarding Salomé Gómez Hernández, considering that he was declared
victim of the violation of Articles 5(1), 19, 8(1) and 25(1) of the Convention, the
Court deems it pertinent to establish, on the grounds of equity, a compensation of
US$30.000 (thirty thousand US dollars) for this concept.
295. The State shall make the payment of this amount directly to each of the
beneficiaries within one year from the notification of this Judgment.
D.2) Costs and expenses
296. As indicated by the Court on repeated occasions, the costs and expenses are
included within the concept of reparation established in Article 63(1) of the American
Convention. 284
297. The Inter-American Commission asked this Court to “order the State […] to
pay the costs and expenses duly proven to be reasonable and necessary, which have
resulted and will result from the processing of this case before the Inter American
Court.”
298. The representatives, in their brief of pleadings and motions, requested the
State to pay US$96.92 (ninety-six US dollars and ninety-two cents) for costs and
expenses in favor of Ramiro Osorio Cristales, based on “the personal expenses that
he incurred to process the power-of-attorney [as well as to] send this power.” They
also requested a payment of US$9,885.38 (nine thousand eight hundred eighty-five
US dollars and thirty-eight cents) for the expenses that CEJIL incurred as of April
2000, given that the State, “because of the agreement [in the] friendly settlement
process[,…] reimbursed the costs and expenses incurred until that date. The
representatives added that FAMDEGUA “has actively participated in encouraging the
process and in the presentation of claims,” but that “it does not keep proof of these
expenses,” thus they requested the Court to “set [the] sum on the grounds of
equity.” Lastly, in their brief of final arguments, the representatives added
US$11,189.29 (eleven thousand one hundred eighty-nine US dollars with twentynine cents) to the costs and expenses in favor of FAMDEGUA, as well as
US$20,455.95 (twenty thousand four hundred fifty-five US dollars with ninety-five
283
In this regard, in the case of survivor Ramiro Osorio Cristales the suffering caused by the
abduction and illegal retention by Kaibil Santos López and his separation from his family (supra para. 179
and 180) derived not only in psychological damages but also to his life project within a family
environment, including his exile. Based on the lack of elements to order an adequate measure to recover
or redirect his life project, an additional compensation for said damages is appropriate.
284
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and Costs. Judgment of August 27, 1998.
Series C. No. 39, para. 79; Case of Anzualdo Castro v. Peru, supra note 28, para. 223, and Case of
Dacosta Cadogan v. Barbados, supra note 28, para. 115.
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