42
c)
Publication of the Judgment
215. Though no express request was made by the Commission or the representative in
this regard, the Court deems it advisable to order, as it has in other cases,100 that as a
measure of satisfaction the State publish once in the Official Gazette and in another
nationwide daily newspaper paragraphs 1 to 8, 71 to 74, 86, 95, 113, and 117 of this
Judgment, without footnotes or the operative paragraphs thereof. Said publication shall be
made within six months following notice of this Judgment.
D)
Costs and Expenses
216. As held by the Court in prior cases, costs and expenses are included within the
concept of reparation as enshrined in Article 63(1) of the American Convention.101
217. The representative pointed out that Mr. Bueno-Alves was not in physical or mental
condition to “personally take the steps it has been necessary to take over eighteen years,”
whereby he had to appoint a representative for that purpose. In order to estimate the
amount to be paid as costs and expenses, the representative stated that “[c]onsidering the
task developed by said representative […], and being it necessary to set an amount for fees
and expenses, [it] is deeme[d] appropriate to set a percentage of the total compensation
due to the victim, which is set in the amount of […] US$ 4,525,925.60 [(four million five
hundred twenty-five thousand nine hundred twenty-five United States dollars and sixty
cents) for that item.”
218. As stated in paragraph 194 of this Judgment, the representative requested an equal
amount for defense and transfer expenses.
219. Regarding the reimbursement of costs and expenses, the Court has pointed out that
it must carefully assess their extent, which includes the expenses incurred in order to start
proceedings before the domestic authorities, as well as those arising from the proceedings
started before the Inter-American system, taking into account the particular circumstances
of the specific case and the nature of the international jurisdiction for the protection of
human rights. Such estimate may be made upon the basis of equitable principles and taking
into consideration the expenses reported by the parties, provided they are reasonable.102
220. In the instant case the representative has not forwarded to the Court sufficient
evidence to support her claims regarding costs and expenses. The few documents which
were forwarded for their most part fall within the category of expenses incurred in relation
to the proceedings before the Court. The lack of documentary evidence cannot be offset by
fixing a percentage of the compensatory amounts due as pecuniary and non-pecuniary
damages. Therefore, the Court considers that the basis used by the representative to
estimate said expenses was not appropriate and that the amount requested is not
reasonable.
100
Cf. Case of La Cantuta, supra note 14, para. 237; Case of the Miguel Castro-Castro Prison, supra note 14,
para. 446, and Case of Acevedo-Jaramillo et al., supra note 73, para. 313.
101
Cf. Case of La Cantuta, supra note 14, para. 243; Case of the Miguel Castro-Castro Prison, supra note 14,
para. 455, and Case of Dismissed Congressional Employees (Aguado-Alfaro et al.), supra note 19, para. 152.
102
Cf. Case of La Cantuta, supra note 14, para. 243; Case of the Miguel Castro-Castro Prison, supra note 14,
para. 152, and Case of Goiburú et al., supra note 15, para. 180.
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