67
215. When determining costs and expenses, the Court will not make a decision
with regard to the next of kin of Julián Salomón Gómez Ayala, the Center for Justice
and International Law and Human Rights Watch/Americas, as they did not submit
any requests in this respect (supra 5).
216. Based on the foregoing, the Court considers that, in order to determine the
fees of the lawyer, Mark Martel, it is necessary to take into consideration his
participation as the legal representative of the next of kin of Anna Elizabeth Paniagua
Morales, Oscar Vásquez and Manuel de Jesús González López from the first stages of
the case before the Commission, and also during all its processing before the Court.
With regard to the lawyers, René Argueta Beltrán and Avilio Carrillo Martínez, the
amount should correspond to their subsequent involvement in the case, once this
reparations stage had been initiated. Also, with regard to the lawyer, René Argueta,
his representation of the Corado Barrientos and González Chinchilla families must be
taken into account.
217. In view of the foregoing, the Court establishes the costs and expenses
corresponding to the lawyer, Mark Martel, representative of the next of kin of Anna
Elizabeth Paniagua Morales, Oscar Vásquez and Manuel de Jesús González López, in
the amount of US$20,000.00 (twenty thousand United States dollars); for the
lawyer, René Argueta Beltrán, representative of the next of kin of Erick Leonardo
Chinchilla and Pablo Corado Barrientos, the Court considers that it is fair to grant
him US$2,000.00 (two thousand United States dollars) for this item; and for the
lawyer, Avilio Carrillo Martínez, representative of the next of kin of William Otilio
González Rivera, it establishes the amount of US$1,000.00 (one thousand United
States dollars).
XII
FORM OF COMPLIANCE
The Commission’s arguments
218.
The Commission requested the Court to order that:
a)
Guatemala be obliged to pay the compensatory amounts that are
established within four months of the delivery of the respective judgment;
b)
the compensation be paid in United States dollars or the equivalent
amount in quetzales, the Guatemalan national currency, and also that the
need to maintain the purchasing power of the compensation be considered, in
view of the devaluation and depreciation of that currency;
c)
the compensation be free of all current and future taxes; and
d)
in its judgment, it establish that it will maintain its competence in this
case until it has been certified that all the measures of reparation ordered
have been complied with.
219. The State and the representatives of the next of kin of the victims made no
reference to this point.
The considerations of the Court
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