the consequences of a pecuniary nature that have a causal nexus with the facts of the case.192
It has also established that non-pecuniary damage may include both the suffering and distress
caused to the direct victims and their next of kin, the impairment of values that are very
significant to them, as well as changes of a non-pecuniary nature in the living conditions of
the victim or his family.193
184. In the instant case, the representatives have requested a lump sum, without providing
evidence to show the pecuniary damage suffered by the victim. This Court presumes that Mr.
Baraona Bray incurred a series of pecuniary expenses and that he suffered non-pecuniary
damage as a consequence of the facts of this case. Consequently, the Court deems it
appropriate to establish, in equity, a joint amount for pecuniary and non-pecuniary damage,
and awards the sum of USD $60,000.00 (sixty thousand United States dollars) in favor of
Carlos Baraona Bray.
G. Costs and expenses
185. The representatives requested that the State be ordered to pay costs as part of the
compensation requested, without indicating a specific amount.
186. The State rejected a possible award of costs, since there was no basis to justify it, in
view of the factual and legal precedents set forth above.
187. The Court reiterates that, in accordance with its case law, costs and expenses form
part of the concept of reparation, because the activities carried out by the victims in order to
obtain justice, both at the national and the international level, imply expenditures that must
be compensated when the international responsibility of the State is declared in a judgment.
Regarding the reimbursement of costs and expenses, it is for the Court to prudently assess
their scope, including the expenses incurred before the authorities of the domestic jurisdiction, as
well as those generated during the proceedings before the inter-American system, taking into
account the circumstances of the specific case and the nature of the international jurisdiction
for the protection of human rights. This assessment may be made based on the principle of
equity and taking into account the expenses indicated by the parties, provided that their
quantum is reasonable.194
188. The Court has indicated that the claims of victims or their representatives with regard
to costs and expenses, and the supporting evidence, must be presented to the Court at the
first procedural opportunity granted to them, that is, in the pleadings and motions brief,
without prejudice to such claims being subsequently updated, in accordance with the new
costs and expenses incurred in the proceedings before this Court.195 In the instant case, the
representatives did not submit any supporting evidence of the disbursements made by the
victim in the domestic proceedings or before the organs of the inter-American System.
189. Consequently, given that the victim incurred expenses related to the processing of the
case before the domestic jurisdiction and before the inter-American system, the Court
establishes, in equity, the sum of USD $20,000.00 (twenty thousand United States dollars),
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and costs. Judgment of February 22, 2002. Series
C No. 91, para. 43, and Case of Leguizamón Zaván v. Paraguay, supra, para. 132.
193
Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and costs. Judgment of
May 26, 2001. Series C No. 77, para. 84, and Case of Aroca Palma et al. v. Ecuador, supra, para. 144.
194
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs. Judgment of August 27, 1998. Series
C No. 39, para. 82, and Case of Leguizamón Zaván v. Paraguay, supra, para. 142.
195
Cf. Article 40(d) of the Court’s Rules of Procedure. See also, Case of Garrido and Baigorria v. Argentina,
supra, paras. 79 and 82, and Case of Mina Cuero v. Ecuador, supra, para. 167.
192
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