6 be paid “directly” to his representatives, as it was ruled in the case of Fermín Ramírez v. Guatemala. Furthermore, the State pointed out that “if the Court awards costs in the instant case, the compensation amount should be forwarded directly [to the organizations representing the victim], to cover the attorney’s fees paid by each of said organizations.” Arguments of the Inter-American Commission 19. The Commission stated that the issue raised by the State “is in itself [...] an enquiry on an implementation issue” and, to that respect, it asserted that “in the absence of other instructions by Ronald Raxcacó-Reyes,” the State’s willingness to comply with the Judgment on the Merits delivered by the Court through payment of the amount payable as legal costs and expenses to the representatives of the victim, “should be deemed an adequate way of performing the State’s duty to compensate the costs incurred by the injured party in the judicial proceedings.” Arguments of the representatives 20. The representatives, in turn, requested the Court to consider “the adoption of general criteria to order direct payment to the representatives of the victims of the amounts awarded as legal costs and expenses once it has been irrefutably proven that said costs and expenses were incurred by the representatives and after the amount thereof has been determined.” Furthermore, the representatives pointed out that “[s]hould such a determination be impossible or lacking, the Court [must] carefully assess, taking into account the particular situation of the victim and his representatives, the scope and content of the order to pay legal costs and expenses, awarding an equitable portion to each party based on their participation in the domestic and international proceedings.” Considerations of the Court 21. The Court has found that the issue raised by Guatemala in its request for interpretation is not intended to seek an interpretation by the Court of the meaning and scope of the Judgment on the Merits. On the contrary, the State declared that the amount payable to Raxcacó-Reyes as legal costs and expenses, as ordered by the Court, “should be directly paid to the Instituto de Estudios Comparados en Ciencias Penales (Institute of Comparative Studies of Criminal Sciences)–IECCP- and the Centro por la Justicia y el Derecho Internacional (Center for Justice and International Law)–CEJIL-, representatives of Raxcacó-Reyes;” therefore, the State is using the request for interpretation as a means to contest the Judgment on the Merits in order that the Court might redefine the beneficiary of the reimbursable amounts as legal costs and expenses. 22. In conclusion, as stated in paragraph 138 of the Judgment on the Merits, the Court decided that the State should reimburse Raxcacó-Reyes the amount of US$5,000 (five thousand United States Dollars), or an equivalent amount in Guatemalan legal currency, as legal costs and expenses, and that “Raxcacó-Reyes shall give to his representatives any amount that may be equitably prorated depending on the assistance they might have given to him.” Accordingly, RaxcacóReyes may decide to give said amount in full to his representatives or authorize them to directly collect the same. However, this issue has a bearing on the implementation of the Judgment, rather than on its interpretation.

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