82
must prudently assess their scope, which includes the expenses incurred before the
authorities of the domestic jurisdiction, and also those incurred during the proceedings
before the Inter-American System, taking into account the legitimate expenses, the
circumstances of each specific case and the nature of the international jurisdiction for
the protection of human rights. This assessment may be based on the principle of
fairness and by taking into account the expenses authenticated by the parties,
providing the quantum is reasonable.123
249. The costs include those related to access to justice at the national level, and
to the international proceedings before the Commission and the Court.124
250. MUDHA incurred expenses for the measures taken in representation of the
victims at the domestic level. Also, MUDHA, CEJIL and the International Human
Rights Law Clinic incurred expenses when representing the victims in the
international proceedings. Consequently, the Court considers it fair to order the State
to reimburse the amount of US$6,000.00 (six thousand United States dollars) or the
equivalent in the currency of the Dominican Republic to Leonidas Oliven Yean and
Tiramen Bosico Cofi for costs and expenses, and they should make payments to
MUDHA, CEJIL and the International Human Rights Law Clinic to compensate their
expenditures.
E) Methods of compliance
251. The State shall pay the compensations and reimburse the costs and expenses
(supra para. 226 and 250) within one year of notification of this judgment. In the
case of the other reparations ordered, it shall comply with the measures within a
reasonable time (supra paras. 239 to 241 and 242), or within the time indicated in
this judgment (supra paras. 234 and 235).
252. The payment of the compensation established in favor of the victims shall be
made directly to them. If any of them shall have died, the payment shall be made to
the successors.
253. With regarding the compensation ordered in favor of the child Dilcia Yean, the
State shall deposit it in a solvent Dominican institution. The investment shall be
made within one year under the most favorable financial conditions allowed by law
and banking practice, until the beneficiary comes of age. It may be withdrawn when
the beneficiary comes of age or before this, if this is in the superior interest of the
child, established by the decision of a competent judicial official. If the compensation
is not claimed within ten years of the child attaining her majority, the amount shall
revert to the State together with the accrued interest.
254. If, due to causes that can be attributed to the beneficiaries of the
compensation, they are unable to receive it within the period indicated, the State
shall deposit such amounts in their favor in an account or a deposit certificate in a
123
Cf. Case of Yakye Axa Indigenous Community, supra note 16, para. 231; the Case of Moiwana
Community, supra note 8, para. 222, and the Case of Gómez Paquiyauri Brothers, supra note 85, para.
242.
124
Cf. Case of Acosta Calderón, supra note 13, para. 168; Case of Yakye Axa Indigenous
Community, supra note 16, para. 231, and Case of Molina Theissen. Reparations (Art. 63(1) American
Convention on Human Rights). Judgment of July 3, 2004. Series C No. 108, para. 96.
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