55
State must pay, within one year, to each of the 257 persons declared to be victims in
this case.
*
*
*
COSTS AND EXPENSES
152. As the Court has indicated previously, costs and expenses are included in the
concept of reparations embodied in Article 63(1) of the American Convention,
because the activity deployed by the next of kin of the victims or their
representatives in order to obtain justice at both the national and the international
level entails expenditure that must be compensated when the State’s international
responsibility is declared in a judgment against it. Regarding their reimbursement,
the Court must prudently assess their scope, which includes the expenses arising
before the authorities of the domestic jurisdiction, and those generated during the
proceedings before the inter-American system, bearing in mind 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 and taking
into account the expenses indicated by the parties, provided the quantum is
reasonable.85
153. The Court takes into account that the victims and their representatives
incurred expenses during the processing of the domestic proceedings and before the
Inter-American Commission and the Court. However, the Court will not consider the
expenses that the victims may have incurred during the domestic proceedings,
because it has no concrete evidence in this respect and is therefore unable to
allocate compensation for such expenses directly. Furthermore, it has been verified
that most of the proceedings before the Court were conducted by the common
intervenors, Javier Mujica Petit and Francisco Ercilio Moura, from the Peruvian Centro
de Asesoría Laboral (CEDAL). The Court also takes into consideration that Mr.
Fernández Saré, representative of another group of victims accredited in the
application before the Court, as well as Manuel Abad Carranza Rodríguez, Henry
William Camargo Matencio and Jesús Atauje Montes, took measures before the InterAmerican Commission and the Court.
154. With regard to the costs incurred by the representatives of the victims in the
measures taken during the international proceedings, the Court establishes, based
on the equity principle, a total of US$5,000.00 (five thousand United States dollars)
or the equivalent in Peruvian currency, to be delivered to the following persons:
Adolfo Fernández Saré, Manuel Carranza Rodríguez, Henry William Camargo
Matencio, Máximo Jesús Atauje Montes, Jorge Luis Pacheco Munayco, Javier Mujica
Petit and Francisco Ercilio Moura. The State should pay these amounts within one
year.
*
*
*
METHOD OF COMPLIANCE
85
Cf. Case of Vargas Areco, supra note 79, para. 165; Case of Almonacid Arellano et al. , supra
note 3, para. 163, and Case of Goiburú et al., supra note 8, para. 180.
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