65
162. As it has ruled in other cases169, the Court decides that, as satisfaction, the
State shall publish the chapter on proven facts and the operative part of this
Judgment, for a single time and without footnotes, in the Official Gazette and in
another newspaper of wide national circulation. These publications shall be made
within six months from the date of notification of this Judgment.
E)
Costs and Expenses
163. Costs and expenses are included in the concept of reparation set forth in
Article 63(1) of the American Convention, inasmuch as the steps taken by the
victims in order to achieve justice, both at the domestic and international level, imply
expenditures that must be compensated when the State is found to be
internationally responsible by a condemnatory judgment. As regards reimbursement,
it is for the Court to sensibly appraise its scope. Bearing in mind the nature of
international jurisdiction for human rights protection, this appraisal may be made on
the basis of the principle of equity and taking into account the expenses indicated by
the parties, provided the quantum is reasonable.170
164. In the instant case, the Court notes that the representative has not verified
or proved any specific amount for costs and expenses, whereby it shall proceed to
fix it on the grounds of equity. To this end, the Court considers that the costs and
expenses arising from the domestic proceedings must be calculated as from
December 5, 1996, the date on which the Supreme Court decided that the military
courts had jurisdiction to continue hearing the case (supra para. 82(17)), since that
date marked the beginning of the denial of justice analyzed in the instant case.
Costs and expenses at the international level shall be calculated as from the filing of
the application before the Inter-American Commission. Hence, the Court deems it
fair to instruct the State to reimburse the amount of US$ 10,000.00 (ten thousand
United States Dollars) or an equivalent amount in Chilean currency, to Mrs. Elvira
del Rosario Gómez-Olivares, who shall give her representative the amount due to
him for costs and expenses.
X
METHOD OF COMPLIANCE
165. In order to comply with this judgment, the State shall reimburse costs and
expenses within a year from the date notice of the judgment is served upon it.
Regarding the publication of this judgment (supra para. 162), the State shall comply
with such measure within six months from the date notice of the judgment is served
upon it. The remaining reparation measures ordered by the Court shall be complied
with by the State within a reasonable time (supra paras. 145 to 157).
166. If the beneficiary of the reimbursement of costs and expenses were not able
to receive the payment within the term specified above due to causes attributable
thereto, the State shall deposit said amount into an account or certificate of deposit
in favor of the beneficiary with a reputable Chilean financial institution, in United
169
Cf.. Case of Montero-Aranguren et al., supra note 155, para. 151; Case of Ximenes-Lopes, supra
note 14, para. 249; and Case of the Ituango Massacres, supra note 14, para. 410.
170
Cf.. Case of Montero-Aranguren et al., supra note 155, para. 152; Case of the Ituango Massacres,
supra note 14, para. 414; and Case of Baldeón-García, supra note 14, para. 208.
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