102
263.
Arguments of the State
The State objected to the payment of costs and expenses to YATAMA and its
representatives, because “the application is without legal grounds.”
Considerations of the Court
264. The Court has established that costs and expenses are included in the concept
of reparation embodied in Article 63(1) of the American Convention.192 The Court must
prudently assess their scope, which includes the expenses incurred in both the
domestic and the inter-American jurisdiction, taking into account the authentication of
the expenses incurred, the circumstances of the specific case and the nature of the
international jurisdiction for the protection of human rights. This assessment may be
based on the principle of equity.193
265. YATAMA incurred expenses directly owing to the measures it took in
representation of the victims at the domestic level and incurred some expenses in the
proceedings before the inter-American system for the protection of human rights. Also,
CENIDH and CEJIL incurred expenses when representing the alleged victims in the
international proceeding. Consequently the Court deems in equitable to order the State
to reimburse the amount of US$15,000.00 (fifteen thousand United States dollars) or
the equivalent in Nicaraguan currency to YATAMA for costs and expenses; YATAMA
shall deliver to CENIDH and CEJIL the part that corresponds to them to compensate
their expenses.
E)
METHOD OF COMPLIANCE
266. The State shall pay the compensation for pecuniary and non-pecuniary damage
(supra para. 248), and the reimbursement of costs and expenses (supra para. 265)
and shall adopt the publicity measures ordered by the Court (supra paras. 252 and
253) within one year of notification of this judgment.
267. Nicaragua shall implement the measures of reparation relating to the creation
of a simple, prompt and effective judicial recourse against the decisions of the
Supreme Electoral Council (supra paras. 254 and 255), the reform of Electoral Act No.
331 of 2000 (supra paras. 258 and 259), and the adoption of the necessary measures
to guarantee the political rights of the members of the indigenous and ethnic
communities of the Atlantic Coast (supra para. 259) within a reasonable time.
268. The State shall comply with its pecuniary obligations by payment in United
States dollars or the equivalent in Nicaraguan currency, using the exchange rate in
force on the New York, United States of America, market the day before the payment
to make the calculation.
1042; and appendixes to the final written arguments of the representatives, appendix 6, file of preliminary
objections, merits and reparations, tome V, folios 1670 to 1686.
192
Cf. Case of the Serrano Cruz Sisters, supra note 10, para. 205; Case of Carpio Nicolle et al., supra
note 18, para. 143; and Case of the Plan de Sánchez Massacre. Reparations, supra note 181, para. 115.
193
Cf. Case of the Serrano Cruz Sisters, supra note 10, para. 205; Case of Lori Berenson Mejía, supra
note 11, para. 242; and Case of Carpio Nicolle et al., supra note 18, para. 143.
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