sum of more than half a million dollars requested. Furthermore, they did not forward
evidence to support any of the expenses allegedly incurred during the domestic proceedings
or before the inter-American system, with the exception of a few vouchers relating to the
participation of one of the lawyers in the public hearing before this Court for approximately
US$2,800.00 (two thousand eight hundred dollars).
204. Consequently, in view of the absence of probative elements, the Court must
determine the costs and expenses in this case, based on equity. First, the Court considers
that there can be no doubt whatsoever that Mr. Fornerón incurred expenses related to his
search to obtain justice and the return of his daughter. In this regard, the Court decides to
establish, in equity, the sum of US$10,000.00 (ten thousand dollars).
205. In addition, the Court considers that it must determine, also in equity, the sum of
US$15,000.00 (fifteen thousand dollars) in favor of Mr. Baridón, the lawyer who assisted
Mr. Fornerón in the domestic processing of this case.
206. Moreover, regarding the request for reimbursement of expenses in the proceedings
before the inter-American human rights system, the Court establishes, in equity, that the
State must pay the sum of US$15,000.00 (fifteen thousand dollars) to the representatives
for costs and expenses.
207. The State must pay the amounts indicated in the preceding paragraphs to Mr.
Fornerón (supra para. 204) and to his representatives in the domestic and international
proceedings (supra paras. 205 and 206). During the proceedings on monitoring compliance
with this judgment, the Court may order the State to reimburse the victim or his
representatives the reasonable and proven expenses incurred at that procedural stage.
E. Reimbursement of expenses to the Victims’ Legal Assistance Fund
208. In 2008, the General Assembly of the Organization of American States created the
Legal Assistance Fund of the Inter-American Human Rights System in order “to facilitate
access to the inter-American human rights system by persons who currently lack the
resources needed to bring their cases before the system.”129 In the instant case, financial
assistance was granted from the Fund for Mr. Fornerón to appear with one of his legal
representatives at the public hearing held in Barbados, and for the expenses of preparing
and forwarding a statement made by affidavit.130
209. In accordance with Article 5 of the Rules of Procedure of the said Legal Assistance
Fund, the State was given the opportunity to submit it observations on the expenditure
made in the instant case, which amounted to US$9,046.35 (nine thousand and forty-six
dollars and thirty-five cents). Argentina advised that, having examined the report on the
application of the Victims' Fund, it had “no observations to make.”
210. Based on the violations declared in this Judgment, the Court orders the State to
reimburse the said Fund the sum of $9,046.35 (nine thousand and forty-six dollars and
129
AG/RES. 2426 (XXXVIII-O/08), Resolution adopted by the thirty-eighth General Assembly of the OAS at
its fourth plenary session held on June 3, 2008, “Creation of the Legal Assistance Fund of the Inter-American
Human Rights System,” Operative paragraph 2(a), and CP/RES. 963 (1728/09), Resolution adopted on November
11, 2009, by the OAS Permanent Council, “Rules of Procedure for the Operation of the Legal Assistance Fund of the
Inter-American Human Rights System,” Article 1(1).
130
Cf. Case of Fornerón and daughter v. Argentina. Summons to a public hearing. Order of the President of
the Inter-American Court of Human Rights, supra note 4.
54
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