her father, her paternal family, her siblings and her culture, and prevented her from
constructing a personality based on the truth.”
196. The State observed that the sum requested by the representatives was exorbitant,
and bore no relationship to the amounts awarded by the Court in its case law. This was
without beginning to consider the bases on which such a claim for reparation was founded,
some of which were unrelated to the facts of the case and concerned Mr. Fornerón’s private
sphere.
197. Based on its case law, and considering the circumstances of this case, the violations
committed, the suffering caused, the time that has elapsed, the denial of justice, the
alteration in the living conditions, and the other non-pecuniary consequences, the Court
establishes, in equity, the sum of US$60,000 (sixty thousand dollars) for Mr. Fornerón and
the sum of US$40,000.00 (forty thousand dollars) for M, for non-pecuniary damage.
D. Costs and expenses
198. As the Court has indicated on previous occasions, costs and expenses are included in
the concept of reparation established in Article 63(1) of the American Convention.126
199. In their pleadings and motions brief, the representatives had requested the sum of
US$500,000.00 (five hundred thousand dollars) for costs and expenses, distributed as
follows:
a) For costs and expenses related to the domestic claim for justice, they requested
US$150,000.00 (one hundred fifty thousand dollars), which included: (i) expenses
for court fees, bonds, ius, continuous travel to Victoria, Gualeguay and Paraná,
correspondence, telephone calls, computer services, facsimiles, etc.; (ii) preparation
and drafting of different briefs before the local justice system, and follow-up on the
proceedings to date, and (iii) legal representation involving a considerable number of
hours spent on collecting information, and preparing, editing and reading material,
and repeated interviews with Mr. Fornerón and his family over the past 10 years.
b) For expenses incurred by CESPPEDH owing to the international petition, they
requested the sum of US$350,000.00 (three hundred and fifty thousand dollars),
which included: (i) the constant advocacy of the case before the Inter-American
Commission, meetings with lawyers, victims, next of kin of the victims, and experts
to discuss different aspects of the case, creation of disciplinary teams and their
respective fees; (ii) preparation of diverse briefs, follow-up on the process at the
international level; (iii) legal representation involving a considerable number of hours
spent on collecting information, and preparing, editing and reading material, and the
discussion of the different briefs filed during the international proceedings over the
last six years, and (iv) office expenses, telephone calls, computer service, facsimiles
and e-mails.
200. In their final written arguments, the representatives added the following amounts for
costs and expenses:
126
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs. Judgment of August 27, 1998.
Series C No. 39, para. 79, and Case of González Medina and family v. Dominican Republic, supra note 10, para.
321.
52
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