42
their own arguments and evidence at the reparations stage. This recognition of their
locus standi opens up the possibility of expenses associated with that representation.
In practice, the legal assistance provided to the victim begins not at the reparations
stage, but in proceedings before domestic judicial bodies, and then continues in the
successive proceedings before the two bodies of the inter-American system for the
protection of human rights, namely the Commission and the Court. Hence, the
concept of costs being examined here also includes the costs involved in proceedings
before the domestic courts (Garrido and Baigorria Case, Reparations, supra 84, para.
81) and those seeking justice on an international plane, before two bodies: the
Commission and the Court.
179. In exercise of this jurisdictional power, it is up to the Court to make a prudent
assessment of the specific scope of the costs to which the judgment of condemnation
refers, taking into account timely verification thereof, the circumstances of the
specific case, the nature of the jurisdiction for the protection of human rights, and
the characteristics of the respective proceedings, which are unique and different
from those of other proceedings, both domestic and international. A reasonable
amount of the costs incurred by the victim or her representatives and attorneys visà-vis Perú, the Inter-American Commission and this Court will be determined on the
basis of equity (Garrido and Baigorria Case, Reparations, supra 84, para. 82).
180. Based on the foregoing, the Court is setting costs and fees at the sum of
US$20,000.00 (twenty thousand United States dollars), of which US$15,000.00
(fifteen thousand United States dollars) are the fees of attorney Carolina Loayza
Tamayo.
XVI
MANNER OF COMPLIANCE
181.
The victim requested that:
a)
The compensation ordered in her favor be paid in cash;
b)
The compensation ordered for her daughter, her parents and her
siblings be paid in cash;
c)
The compensation ordered for her son be deposited in a trust fund
until he has reached the age of 21;
d)
Payment of the amounts ordered by the Court be made within ninety
days of notification of this Judgment and be tax-exempt and, where
appropriate, that interest be paid on the final amounts of the compensation,
calculated from the date of the Judgment to the date of actual payment,
using the bank interest rate in effect in Peru at the time the Judgment is
delivered; and
e)
The Court oversee fulfillment of the reparations ordered and payment
of the compensation, and order the instant Case closed only when full
compliance has been established.
182.
The State made no observations on these points.
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