58
award her a grant covering all expenses and costs involved in such higher
education, at the Peruvian public higher education center she may elect.
f)
Amendment to Article 320 of the Criminal Code
149. The State must adopt all measures necessary to amend, within a reasonable
period of time, its criminal law in order to render it consistent with the international
standards on forced disappearance of persons, paying special attention to the
provisions of the American Convention and the Inter-American Convention on
Forced Disappearance, pursuant to the criteria established in paragraphs 90 to 110
of the instant Judgment.
D)
Costs and Expenses
150. As the Court has stated on previous occasions,88 costs and fees are
contemplated within the concept of reparations as enshrined in Article 63(1) of the
American Convention, since the victim’s endeavor to obtain justice in the domestic as
well as at international levels, and that of his successors or their representatives, lead
to expenses and liabilities that must be compensated. With regard to their
reimbursement, the Court must prudently assess their extent, which involves the
expenses incurred when acting before the authorities within the domestic jurisdiction,
as well as those incurred in the course of proceedings before the Inter-American
system, taking into account the particular circumstances of the specific case and the
nature of international jurisdiction for the protection of human rights. Such estimate
may be made on the grounds of equitable principles and taking in consideration the
expenses reported and proved by the parties, provided they be reasonable.89
151. As the Court has stated on previous occasions, the concept of costs
encompasses those incurred in the legal proceedings before the domestic court
system, as well as those pertaining to proceedings before international jurisdictional
systems, such as the Commission and the Court.90 In the instant case, the
representatives did not submit any evidence showing the amount of expenses they
incurred during the proceedings both at national and international level, and
requested the Court to determine, on an equitable basis, the amount of costs and
expenses to be reimbursed.
152. For such purpose, the Court considers it proper to order the State to pay the
sum of US $5,000.00 (five thousand United States dollars) or its equivalent in
Peruvian currency, to Mrs. Victoria Margarita Palomino-Buitrón, for costs and
expenses incurred both at the domestic and the international levels when acting
before the Inter-American system for the protection of human rights. Mrs. PalominoBuitrón shall give her representatives the corresponding amount, depending on the
assistance they provided her.
88
Cf. Case of the “Mapiripán Massacre”, supra note 1, para. 322; Case of Raxcacó-Reyes, supra
note 4, para. 137, and Case of Gutierrez-Soler, supra note 4, para. 116.
89
Cf. Case of the “Mapiripán Massacre”, supra note 1, para. 322; Case of Gutierrez-Soler, supra
note 4, para. 116, and Case of the Girls Yean and Bosico, supra note 9, para. 248.
90
Cf. Case of the “Mapiripán Massacre”, supra note 1, para. 323; Case of Raxcacó-Reyes, supra
note 9, para. 137, and Case of Gutierrez-Soler, supra note 4, para. 116.
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