116
e)
Carolina Loayza has not fixed an amount as attorney’s fees “in advance
between the parties, due to the financial hardship the victims and [their] next of
kin were suffering, so that this may not be an impediment for the victims to
resort to the Inter-American system;” and
f)
The Court should fix “a reasonable and equitable amount of money as
attorney’s fees to be granted to their representative for the legal assistance
rendered, since all work done must be compensated.”
Arguments of the State
285.
The State has not submitted any arguments as regards costs and expenses.
Considerations of the Court
286. As it has already been stated by the Court in prior cases,199 costs and expenses
are comprised within the concept of reparation as set forth in Article 63(1) of the
American Convention, due to the fact that the steps undertaken by the victims’ next of
kin in order to get justice, both at the domestic and international levels, implies
incurring expenses that must be compensated when the international responsibility of
the State is declared by means of a condemnatory judgment. As regards the
reimbursement of such costs and expenses, the Court must determine its scope, which
comprises the expenses incurred to proceed in the domestic jurisdiction as well as
those arising from the submissions made before the Inter-American system, taking
into consideration the circumstances of the particular case and the nature of the
international jurisdiction for the protection of human rights. This assessment can be
made based on the principle of equity and taking into consideration the expenses
stated by the parties, provided that the quantum thereof is reasonable.
287. The Court takes into consideration that the victims acted through several legal
representatives at the domestic level and through Carolina Loayza-Tamayo to proceed
both before the Inter-American Commission and the Inter-American Court. Therefore,
the Court considers it equitable to order the payment of the sum of US $ 40,000.00
(forty thousand United States dollars) or its equivalent in Peruvian currency. US $
20,000.00 (twenty thousand United States dollars) or its equivalent in Peruvian
currency must be paid to each of the victims, i.e. Wilson García-Asto and Urcesino
Ramírez-Rojas, as costs and expenses to be subsequently used to make the
corresponding payments to their representatives to compensate the costs and
expenses said representatives had incurred.
XV
METHOD OF COMPLIANCE
199
Cf. Case of the “Mapiripán Massacre”, supra note 2, para. 322; Case of Raxcacó-Reyes, supra note
10, para. 137; and Case of Gutiérrez-Soler, supra note 6, para. 116.
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