112
240. Consequently, the State must adopt the necessary measures to train and educate
the members of intelligence services, the Armed Forces and the National Police on legality
issues and restrictions related to the use of force in general situations, armed conflict and
terrorism, the due obedience concept and the role of said institutions in situations such as
the events in the instant case. In doing so, the State must implement, on a permanent
basis and within a reasonable time, human rights-oriented programs for all-rank members
of the above-mentioned institutions.
241. The State must also adopt the necessary measures to train and educate prosecutors
and judges, including officers of military criminal courts, on international standards related
to the judicial protection of human rights. In doing so, the State must also implement, on a
permanent basis and within a reasonable time, human rights-oriented programs for the
above-mentioned officers.
242. Said programs shall specially focus on the instant Judgment and the international
instruments on human rights.
E)
COSTS AND EXPENSES
243. As the Court has stated on previous occasions, costs and fees are contemplated
within the concept of reparations as enshrined in Article 63(1) of the American Convention,
since the victims’ endeavor to obtain justice in the domestic as well as international levels
lead to expenses that must be compensated when the State’s international responsibility
has been determined in a conviction judgment. With regard to their reimbursement, the
Court must prudently assess their extent, which involve the expenses incurred when acting
before the authorities within the domestic jurisdiction as well as those incurred in the course
of proceedings before the Inter-American System, taking into account the particular
circumstances of the specific case and the nature of international jurisdiction in the
protection of human rights. Such estimate may be made on grounds of equitable principles
and in consideration of the expenses reported and evidenced by the parties, provided they
are reasonable.187
244. The Court takes into account that the above-mentioned relatives acted through their
representatives in the domestic jurisdiction and before the Commission and this Court as
well. In this regard, while the representatives in the instant case filed requests for
reimbursement of costs and expenses, they failed to submit supporting documents.
245. Therefore, based on equitable standards, the Court orders the State to pay as costs
and expenses incurred in the domestic jurisdiction and during the proceedings before the
Inter-American System, the amount of US$40,000.00 (four thousand United States dollars)
or an equivalent amount in Peruvian currency, to Andrea Gisela Ortiz-Perea and Alejandrina
Raida Cóndor-Saez, who will in turn distribute said amount among their representatives as
they deem appropriate.
187
Cf. Case of Goiburú et al. supra note 1, para. 180; Case of Montero-Aranguren et al. (Retén de Catia),
supra note 97, para. 152; and Case of Ximenes-Lopes, supra note 6, para. 252.
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