required to provide the sum of US$6,121.09, due to expenses incurred for air fares,
transportation, board and lodging during the public hearing.
166. This Court notes that the representatives have not duly authenticated all the expenses
incurred prior to the public hearing in this case. The Court also notes that the victim and his
representatives have provided vouchers for US$5,519.00. 144 Nevertheless, it is reasonable to
presume that the victim and his representatives also incurred in expenditure following the
lodging of the case before the Commission. Therefore, the Court finds it pertinent to order the
reimbursement of reasonable litigation expenses, 145 which it establishes, in equity, at
US$7,000.00 (seven thousand United States dollars) for costs and expenses. This sum shall
be delivered to the victim’s representatives. The amount established for the representatives
includes the expenses of the transportation, board and lodging for Mr. Urrutia Laubreaux owing
to his participation in the public hearing. At the stage of monitoring compliance with this
judgment, the Court may establish that the State reimburse the victim or his representatives
any reasonable expenses incurred at that procedural stage.146
Method of compliance with the payments ordered
167. The State shall make the payments of the compensation for non-pecuniary damage and
to reimburse costs and expenses established in this judgment directly to the persons indicated
herein, within one year of notification of this judgment, without prejudice to making the
complete payments in advance, pursuant to the following paragraphs.
168. If the beneficiaries are deceased or die before they receives the respective amounts, this
shall be delivered directly to their heirs, pursuant to the applicable domestic law.
169. The State shall comply with the monetary obligations by payment in United States dollars
or the equivalent in national currency using the exchange rate in force on the New York Stock
Exchange (United States of America) the day before payment to make the respective
calculation.
170. If, for reasons that can be attributed to the beneficiary of the compensation or his heirs,
it is not possible to pay the amount determined within the indicated time frame, the State
shall deposit the amount in his favor in a deposit account or certificate in a solvent Chilean
financial institution, in United States dollars, and in the most favorable financial conditions
permitted by banking law and practice. If the corresponding compensation is not claimed
within ten years, the amount shall be returned to the State with the interest accrued.
171. The amounts allocated in this judgment as compensation for non-pecuniary damage,
and to reimburse costs and expenses, shall be delivered to the persons indicated in full, as
established in this judgment, without any deductions arising from possible taxes or charges.
172. If the State should fall into arrears, it shall pay interest on the amount owed
corresponding to banking interest on arrears in the Republic of Chile.
X
OPERATIVE PARAGRAPHS
144
Cf. Vouchers for costs and expenses provided by the representatives (evidence files, folios 3663 to 3742).
Cf. Case of Órdenes Guerra et al. v. Chile. Merits, reparations and costs. Judgment of November 29, 2018.
Series C No. 372., para. 140, and Case of Gómez Virula et al. v. Guatemala. Preliminary objection, merits, reparations
and costs. Judgment of November 21, 2019. Series C No. 393, para. 115.
145
Cf. Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia. Merits, reparations and costs. Judgment of September
1, 2010. Series C No. 217, para. 29, and Case of Azul Rojas Marín et al. v. Peru. Preliminary objections, merits,
reparations and costs, supra, para. 276.
146
40