c)
with respect to the possibility of negotiating legal costs and expenses,
raised by the representatives, the State will abide by the decision of the Court
regarding necessary and reasonable expenses effectively incurred by or
caused to the next of kin of the victims or their representatives.
Considerations of the Court
81.
The Court has carefully examined the statements and arguments of the
parties, as well as the appendices sent by the representatives of the next of kin of
the victims.
82.
Legal costs and expenses must be considered under the concept of
reparations set forth in Article 63(1) of the American Convention, because the
activities carried out by the victim or victims, their next of kin or their
representatives to have access to domestic and international justice involve
disbursements and financial commitments that must be indemnified when the
judgment finds the State responsible.89
83.
The Court must carefully appraise the scope of legal costs and expenses,
taking into account the circumstances of the specific case, the nature of international
jurisdiction for the protection of human rights, and the characteristics of the
respective proceedings, which have specific traits that are different from those of
other domestic or international proceedings.90
84.
To this end, despite the numerous vouchers sent by the representatives of
the next of kin of the victims, not all of which specify the disbursements with respect
to various steps taken in the instant case, the Court deems that it is fair to
recognize, as reimbursement for legal costs and expenses incurred under domestic
jurisdiction and under inter-American jurisdiction, US$ 50,000.00 (fifty thousand
United States dollars) for the Colombian Commission of Jurists and US$ 1,000.00
(one thousand United States dollars) to CEJIL, as representatives of the next of kin
of the victims.
85.
With respect to the request by the representatives of the next of kin of the
victims for reimbursement of expenses incurred by Héctor Daniel Fernández during
evidence-gathering in connection with the metal remains in the body of Hernán
Lizcano Jacanamijoy, this Court deems that said request is not in order, pursuant to
paragraph 46 of the judgment on the merits.
XII
MODE OF COMPLIANCE
86.
To comply with the instant Judgment, the State must pay the compensatory
indemnifications and reimbursement of legal costs and expenses, within six months
of the date this Judgment was notified, except with respect to the provisions of
paragraphs 47 and 61.
89
Cf. El Caracazo Case. Reparations, supra note 2, para. 138; Trujillo Oroza Case.
supra note 2, para. 126; Cantoral Benavides Case. Reparations, supra note 81, para. 85.
Reparations,
90
Cf. El Caracazo Case. Reparations, supra note 2, para. 131; Trujillo Oroza Case.
supra note 2, para. 126; Cantoral Benavides Case, Reparations, supra note 81, para. 85.
Reparations,
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