amounts, the accountant based himself on documents that proved the income derived from Mr.
Velásquez Durán’s commercial activities in the past or, in the case of Claudina Velásquez, on
any document that indicated the probable earnings of a lawyer in Guatemala. Nevertheless,
from the statements made by Jorge Velásquez Durán, Elsa Claudina Paiz Vidal and Pablo Andrés
Velásquez Paiz,358 it can be concluded that, for an indeterminate time, Mr. Velásquez Durán
devoted himself to expediting the investigation into his daughter’s death. In the case of Claudina
Isabel Velásquez Paiz, it is uncontested that she was a young law student at the Universidad de
San Carlos de Guatemala. Consequently, the Court establishes, in equity, the sums of
US$10,000.00 (ten thousand United States dollars) for loss of earnings in favor of Jorge Rolando
Velásquez Durán and US$145,500.00 (one hundred and forty-five thousand five hundred United
States dollars) in favor of Claudina Isabel Velásquez Paiz for the same concept. The amount
established in favor of Claudina Velásquez Paiz shall be divided equally between, and delivered
to, Jorge Rolando Velásquez Durán, Elsa Claudina Paiz Vidal and Pablo Andrés Velásquez Paiz.
279. With regard to the amounts for indirect damage, the representatives mentioned the
following items: (a) the funeral and burial expenses of Claudina Velásquez; (b) the payment of
services for psychiatric treatment, from 2007 to date, for Pablo Andrés Velásquez owing to the
trauma resulting from the murder and prolonged denial of justice, and (c) the payment of the
fees of experts for the psychological appraisal of Elsa Claudina Paiz Vidal and Jorge Rolando
Velásquez Durán, among other expenditure. However, “owing to the family’s difficulty to provide
an estimate of the exact amounts of the expenses incurred by the Velásquez Paiz family that fall
within the concept of indirect damage,” the representatives asked that an amount be
established based on the principle of equity. In this regard, the Court notes that the
representatives did not submit any evidence of the disbursements made for the payment of the
said expenses. Nevertheless, it is evident that the Velásquez Paiz family had to incur funeral
expenses. Also, the case file shows that Jorge Velásquez and Elsa Paiz underwent psychological
appraisals,359 and that their son received psychiatric treatment 360 in relation to the facts of this
case. Consequently, the Court establishes, in equity, the sum of US$9,000.00 (nine thousand
United States dollars) for the concept of compensation for indirect damage in favor of Jorge
Rolando Velásquez Durán, Elsa Claudina Paiz Vidal and Pablo Andrés Velásquez Paiz.
E. Costs and expenses
280. The Commission did not present specific arguments in this regard. The
representatives requested the payment of US$60,000 in favor of Jorge Rolando Velásquez
Durán for the costs and expenses he had incurred to obtain justice at both the national and the
international level.
281. The State indicated that not a single document had been submitted that proved the
supposed expenses incurred in the processing of this case, which was suspicious because it
related to a situation to which the petitioners had devoted practically their whole lives.
Consequently, it opposed the Court taking into account the request for costs and expenses
presented by the representatives.
282. The Court reiterates that, based on its case law, costs and expenses form part of the
concept of reparation, because the actions taken by the victims to obtain justice at both the
Cf. Statement made before the Inter-American Court by Jorge Rolando Velásquez Durán during the public
hearing held on April 21 and 22, 2015; Affidavit prepared by Elsa Claudina Paiz Vidal on April 9, 2015 (evidence file, folio
6701), and Affidavit prepared by Pablo Andrés Velásquez Paiz on April 9, 2015 (evidence file, folio 6689).
359
Cf. Psychiatric assessment of Jorge Rolando Velásquez Durán of October 21, 2009 (evidence file, folios 197 to
204); Psychiatric assessment of Elsa Claudina Paiz Vidal of December 2, 2010 (evidence file, folios 205 to 211).
360
Affidavit prepared by Elsa Claudina Paiz Vidal on April 9, 2015 (evidence file, folios 6702 and 6703), and
Affidavit prepared by Pablo Andrés Velásquez Paiz on April 9, 2015 (evidence file, folios 6690 and 6691).
358
91