19
circumstances of the specific case, the nature of the international jurisdiction for the
protection of human rights and the characteristics of the respective proceeding,
which are unique and differ from those of other proceedings of a national or
international nature29.
72.
The disbursements that are strictly necessary to attend the matters before
the jurisdictional organs at the national and international level are included in the
concept of expenses and costs30. With regard to professional fees, it is necessary to
bear in mind the characteristics inherent in the international human rights
proceeding, in which decisions are adopted on the violations of such rights, without
examining all the extremes of the implications of these violations, which could
involve questions of earnings related to the said fees, which are legitimate in
themselves, but unrelated to the specific issue of the protection of human rights.
Therefore, the Court must decide these claims with restraint. If the Court proceeded
otherwise, international human rights litigation would be denatured. Consequently,
the Court must apply criteria of equity in these cases.
73.
To that end, the Court considers that it is fair to grant the victim the sum of
US$20,000.00 (twenty thousand United States dollars), in reimbursement of the
expenses and costs generated in the domestic jurisdiction and in the inter-American
jurisdiction; this amount includes professional fees31.
XII
METHOD OF COMPLIANCE
74.
To comply with this judgment, the State must pay the indemnities and
compensations, reimburse the costs and expenses, and adopt the other measures
ordered, within six months of the notification of this judgment, with the exception of
what is established in paragraph 47.
75.
Reimbursement of the expenses generated by the measures taken by the
victim or his representatives and reimbursement of the costs resulting from the
domestic proceedings or the international proceeding before the inter-America
system for the protection of human rights will be made to Mr. Cesti.
76.
The State may fulfill its obligations by paying in United States dollars or an
equivalent amount in Peruvian currency, using the exchange rate between the two
currencies in force in the market in New York, United States, the day before
payment, to make the respective calculation.
77.
The payments ordered in this judgment for pecuniary and non-pecuniary
damage shall be exempt of any existing or future tax or charge.
29
Cf. Villagrán Morales et al. case. Reparations, supra note 23, para. 107; Paniagua Morales et al.
case. Reparations (Article 63(1) of the American Convention on Human Rights). Series C No. 76, para.
212; and Garrido and Baigorria case. Reparations, supra note 12, para. 82.
30
Also, Cf. Loayza Tamayo case. Reparations, supra note 7, para. 178; and Garrido and Baigorria
case. Reparations, supra note 12, para. 81.
31
Also Cf. Ivcher Bronstein case, supra note 1, para. 189; Baena Ricardo et al. case, supra note 3,
para. 209 and The Constitutional Court case, supra note 1, para. 126.