also recalls that Mr. López was a victim of torture that caused him profound suffering.
As was stated in the public hearing before this Court, he endured “terrible pain,” as well
as psychological damage that required medical treatment. 219
151. Therefore, bearing in mind the circumstances of this case, the violations
committed, the suffering caused and experienced in different degrees and the time that
has elapsed, the Court deems it appropriate to award the victim, in equity, compensation
for pecuniary and non-pecuniary damages. Accordingly, the Court orders, in equity, the
payment of the sum of USD$50,000.00 (fifty thousand United States dollars) to Mr.
López for pecuniary and non-pecuniary damages.
G. Costs and expenses
152. In his final written arguments, the representative requested the payment of
“trial costs and expenses,” without specifying a figure.
153. The Court reiterates that in accordance with its case law, costs and expenses form
part of the concept of reparation, because the efforts made by the victims in order to
obtain justice, both at the national and the international level, imply expenditures that
must be compensated when the international responsibility of the State is declared in a
judgment. Regarding the reimbursement of costs and expenses, it is for the Court to
prudently assess their scope, including the expenses incurred before the authorities of
the domestic jurisdiction, as well as those generated during the proceedings before the
inter-American system, taking into account the circumstances of the specific case and
the nature of the international jurisdiction for the protection of human rights. This
assessment may be made based on the principle of equity and taking into account the
expenses indicated by the parties, provided that their quantum is reasonable. 220
154. This Court has indicated that the claims of victims or their representatives with
regard to costs and expenses, and the supporting evidence, must be presented to the
Court at the first procedural opportunity granted to them, that is, in the pleadings and
motions brief, without prejudice to such claims being subsequently updated, in
accordance with the new costs and expenses incurred in the proceeding before this
Court. The Court also reiterates that it is not sufficient merely to forward probative
documents; rather, the parties are required to include arguments that relate the
evidence to the facts that they represent and, in the case of alleged financial
disbursements, clearly specify the items and their justification. 221
155. There is no documentation in the case file substantiating the costs and expenses
incurred by the victim or his representative. In the absence of proof of these expenses,
the Court decides to order, in equity, the payment of USD $10,000.00 (ten thousand
United States dollars) for costs and expenses. This amount shall be delivered directly to
the representative. During the stage of monitoring compliance with this judgment, the
In the hearing, Mr. López, referring to the consequences of the torture he suffered, said “[t]he damage
is always there on the psychological side, I was also receiving psychological treatment in order to stabilize
myself a little, because being tortured by your fellow officers affects your attitude." Cf. Mr. López’s testimony
in the public hearing held during the 155th regular session.
220
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, supra, paras. 42, 46 and 47,
and Case of Olivera Fuentes v. Peru, supra, para. 172.
221
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador. Preliminary objections, merits, reparations
and costs. Judgment of November 21, 2007. Series C No. 170, para. 277, and Case of García Rodríguez et al.
v. Mexico. Preliminary objections, merits, reparations and costs. Judgment of January 25, 2023. Series C No.
482, para. 330.
219
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