54
application to the time of the submission of their written closing arguments. These
amounts were: for the expenses of IDHUCA, US$865.00 (eight hundred and sixtyfive United States Dollars, and US$3,365.96 (three thousand three hundred sixtyfive United States Dollars and ninety-six cents) for the expenses of CEJIL.
205. For its part, the State requested that the Court find that there was no reason
to award costs.
206. With respect to reimbursement for expenses and costs, the Tribunal has
indicated that it is incumbent upon it to prudently assess an appropriate amount,
which should include the expenses generated during domestic proceedings, as well
as before the Inter-American system, taking into account the circumstances of each
case and the nature of an international system for the protection of human rights.
This assessment may be undertaken based on the principle of equity and taking into
account the expenses indicated by the parties, so long as the quantum is
reasonable.115
207. Based on the foregoing, and in consideration of the evidence presented by the
common intervener in the present case, the Tribunal, in equity, finds that the State
should remit the amount of US$13,000.00 (thirteen thousand United States Dollars)
to Gloria Giralt de García Prieto who shall deliver the amount that she deems
adequate to her representatives, in order to compensate for the costs and expenses
incurred in the domestic proceedings and those before the Inter-American system.
The State shall effectuate this payment for costs and expenses within a period of one
year counted from notification of the present Judgment.
E)
Method for the fulfillment of payments ordered
208. The payment of the amounts established in favor of the victims will be made
directly to them. In the event that any of these individuals should die before their
respective compensation is delivered to him or her, it shall be delivered to his or her
successors in interest, in conformity with applicable domestic law.116
209. The payments designed to reimburse the costs and expenses generated in the
actions undertaken by the representatives in domestic and international proceedings
will be made to the individual who originally made those payments.
210. If, due to causes attributable to the beneficiaries, it is impossible for them to
receive the payment within the indicated period of one year, the State shall consign
these amount in their name to an account or certificate of deposit in a solvent
Salvadoran banking institution with the conditions most favorable permitted by
legislation and banking practices. If the amount has not been claimed after ten
years, the corresponding sum will be returned to the State together with the interest
generated.
115
Cf. Case of Bueno Alves, supra note 34, para. 219; Case of La Cantuta, supra note 33, para. 243;
and Case of the Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru. Preliminary
Objections, Merits, Reparations and Costs. Judgment of November 24, 2006. Series C No. 158, para. 152.
116
Cf. Case of Myrna Mack Chang v. Guatemala. Merits, Reparations and Costs. Judgment of
November 25, 2003. Series C No. 101, para. 294; Case of Cantoral Huamani and García Santa Cruz, supra
note 10, para. 162; Case of Zambrano Vélez et al., supra note 10, para. 137; and Case of Escué Zapata,
supra note 10, para. 189.
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