190. In this regard, the Court has held that it is inherent in human nature that
any individual who suffers a human rights violation experiences suffering and,
therefore, non-pecuniary damage is evident.212
191. Nevertheless, considering the circumstances of the case sub judice and that
the Court has no evidence to assess, other than the above-mentioned statement by
the victim, the Court decides to order, in equity, that the State pay the sum of
US$10,000.00 (ten thousand United States dollars) or the equivalent in national
currency as compensation for non-pecuniary damage. The State must pay this
amount directly to Mrs. Chocrón Chocrón within one year of notification of this
judgment.
D.
Costs and expenses
192. As the Court has indicated on previous occasions, costs and expenses are
included in the concept of reparations established in Article 63(1) of the American
Convention.213
193. The Commission asked the Court to “order the State […] to pay the costs
and expenses that have arisen and arise from processing this case both in the
domestic sphere and before the inter-American system.”
194. The representatives indicated that Mrs. Chocrón Chocrón “has had to incur
significant expenditure to defend herself at the domestic and international levels
from her illegal removal, mainly related to the professional fees of the lawyers who
represented her in both the domestic administrative and judicial proceedings, and
in the proceedings before the Inter-American Commission and [the] Inter-American
Court.” According to the representatives, Mrs. Chocrón Chocrón has “had to incur
costs […] such as: subpoenas, certified copies, notification expenses, courier
expenses, international telephone calls, and mobile phone calls.” However, the
representatives indicated that “it had not been possible to compile the proof of this
information and, consequently, [they] were unable to provide support for the
amount spent by [Mrs.] Chocrón [Chocrón] during the domestic proceedings.”
Despite this, they indicated that the victim had spent Bs.8,000,000 (equal to
US$10,521.00) on professional fees and Bs.850,000 (equal to US$531) on
procedural expenses. Regarding the proceedings before the inter-American system,
the victim had allegedly spent US$35,000 on professional fees,214 and
approximately US$10,000.00 on procedural expenses. Subsequently, in the
attachments to their final written arguments, the representatives forwarded
documentation supporting some of the said procedural expenses in the proceedings
before the Inter-American Court for a sum of approximately US$7,681.85.
195. For its part, the State argued that the “representatives of the […] victim had
not provided enough evidence to prove the alleged expenses she incurred to cover
what they classify as ‘procedural expenses’ under domestic law and under the interAmerican system […].” It added that, “[t]he Commission’s application itself
recognizes that the State should only be obliged to pay the expenses that have
been duly proved by the victim.”
212
Cf. Case of Reverón Trujillo, v. Venezuela, supra note 12, para. 176, and Case of Abrill Alosilla
et al. v. Peru, supra note 19, para. 131.
213
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs. Judgment of August 27,
1998. Series C. No. 39, para. 79; Case of Abrill Alosilla et al. v.. Peru, supra e19, para. 133, and Case of
Vera Vera et al. v. Ecuador, supra note 19, para. 140.
214
Cf. Proposed agreement on professional fees dated May 11, 2009, addressed to Mercedes
Chocrón Chocrón, signed by Consultores Jurídicos (file of attachments to the pleadings and motions
brief, volume III, folios 1600 and 1601)
55
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos