89
293. Based on the compensation ordered by the Court in other cases, and
considering the circumstances of the present case, the nature and severity of the
violations committed, the sufferings caused to the victims and the way they have
been treated, the time that has elapsed since the rape, the denial of justice, and
also the alterations in their living conditions and other consequences of a nonpecuniary nature that they suffered, the Court finds it pertinent to establish, in
equity and accordingly to the different intensity of the damages, the sum of US$
50.000,00 (fifty thousand dollars of the United States of America) in favor of Mrs.
Fernández Ortega, as compensation for non-pecuniary damage (supra paras. 131,
138, 159, 177, 183, 198, and 201). In addition, for the same concept, the Court
establishes, in equity, compensation of US $10,000.00 (ten thousand dollars of the
United States of America) in favor of each one of the eldest daughters, Noemí
Prisciliano Fernández and Ana Luz Prisciliano Fernández (supra paras. 149 and
159), and US $5,000.00 (five thousand dollars of the United States of America) in
favor of each of the following people: Colosio Prisciliano Fernández, Nélida
Prisciliano Fernández (supra paras. 149 and 159) and Neftalí Prisciliano Fernández
(supra para 149). Lastly, the Court will fix compensation in equity at US $2,500.00
(two thousand, five hundred dollars of the United States of America) in favor of Mr.
Prisciliano Sierra (supra paras. 149 and 159).
iii) Costs and expenses
294. As the Court has indicated on previous occasions, costs and expenses are
included within the concept of reparation embodied in Article 63(1) of the American
Convention.269
295. The Inter-American Commission asked that the Court “order the State […] to
pay the reasonable and necessary costs and expenses arising from the processing
of the present case that have been duly authenticated.”
296. In their final written brief of pleadings and motions, the representatives
asked that the Court to order the State to pay the following amounts for costs and
expenses: i) the sum that the Court establishes “in equity in favor of the victims
[…] for the expenditure incurred” in their seek for justice; ii) in favor of CEJIL,
US$10,182.65 (ten thousand one hundred and eighty-two dollars of the United
States of America and sixty-five cents) for the expenses incurred from June 2007
up until the presentation of the application and US$16,225.27 (sixteen thousand
two hundred and twenty-five Dollars of the United States of America and twentyseven cents) for the expenses incurred following the presentation of the
application, and iii) in favor of “Tlachinollan,” US$6,296.93 (six thousand two
hundred and ninety-six Dollars of the United States of America and ninety-three
cents) for the expenses incurred from March 2002 until the presentation of the
application and US$17,847.38 (seventeen thousand eight hundred and forty-seven
dollars of the United States of America and thirty-eight cents) for the expenses
incurred following the presentation of the application. In addition, in their final
written arguments, the representatives indicated that “Tlachinollan” had also
disbursed the sum of US$1,843.61 (one thousand eight hundred and forty-three
dollars of the United States of America and sixty-one cents), supposedly for
expenses prior to the presentation of the application, which they alleged were not
attached to their brief on pleadings and motions involuntarily, owed to “involuntary
error.” Lastly, the representatives indicated that both CEJIL and “Tlachinollan” had
incurred expenses for, inter alia, photocopies, stationery, and telephone calls for
US$250.00 (two hundred and fifty dollars of the United States of America) each,
269
Cf. Case of Garrido and Baigorria, supra note 204, para. 79; Case of Chitay Nech et al., supra
note 18, para. 279, and Case of Manuel Cepeda Vargas, supra note 18, para. 254.
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