132
290. As the Court has stated on previous occasions,299 legal costs and expenses are
included under the concept of reparation embodied in Article 63(1) of the American
Convention, because the activities carried out by the next of kin of the victim with
the aim of attaining justice, both under domestic and international jurisdiction, entail
disbursements which should be compensated for when the State is found to be
internationally responsible by means of a condemnatory judgment. As regards its
reimbursement, it is for the Court to prudently assess its scope, including expenses
incurred before the authorities under domestic jurisdiction and those incurred in the
course of the proceeding before the inter-American system, bearing in mind the
circumstances of the specific case and the nature of international jurisdiction for the
protection of human rights.300 This assessment can be based on the principle of
fairness and take into account the expenses stated by the parties, insofar as their
quantum is reasonable.301
291. For this, the Court deems it equitable to order payment of a total sum of
US$163,000.00 (one hundred and sixty-three thousand United States dollars) for
legal costs and expenses incurred by the representatives of the victim in the
domestic proceedings and in the international proceeding before the inter-American
system for protection of human rights. The corresponding payment must be
distributed as follows:
a)
US$145,000.00 (one hundred and forty-five thousand United States
dollars) to the Myrna Mack Foundation;
b)
US$5,000.00 (five thousand
Committee for Human Rights;
United
States
dollars)
to
Lawyers
c)
US$5,000.00 (five thousand United States dollars) to the law firm
Wilmer, Cutler and Pickering;
d)
US$5,000.00 (five thousand United States dollars) to the law firm
Hogan & Hartson; y
e)
US$3,000.00 (three thousand United States dollars) to CEJIL.
292. As a consequence of the impunity that exists in the instant case and of the
reparations ordered by this Court, in the future the Myrna Mack Foundation must
take a number of steps pertaining to the ongoing criminal proceeding to punish all
those responsible for what happened to Myrna Mack Chang. Therefore, to cover said
future expenses, the Court grants the aforementioned Foundation, in fairness,
US$5,000.00 (five thousand United States dollars).
XVI
METHOD OF COMPLIANCE
299
Cf. Bulacio Case, supra note 9, para. 150; Juan Humberto Sánchez Case, supra note 9, para.
193; and Las Palmeras Case. Reparations, supra note 10, para. 82.
300
Cf. Bulacio Case, supra note 9, para. 150; Juan Humberto Sánchez Case, supra note 9, para.
193; and “Five Pensioners” Case, supra note 9, para. 181.
301
Cf. Bulacio Case, supra note 9, para. 150; Juan Humberto Sánchez Case, supra note 9, para.
193; and “Five Pensioners” Case, supra note 9, para. 181.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents