119
the rights to life, to personal liberty, to humane treatment, to judicial protection and
to a fair trial, so as to avoid future injurious acts such as those of the instant case.96
86.
Among the aforementioned measures, the State must comply with Article VIII
of the Inter-American Convention on the Forced Disappearance of Persons,97
according to which: “[t]he States Parties shall ensure that the training of public lawenforcement personnel or officials includes the necessary education on the offense of
forced disappearance of persons.”
87.
It is also necessary to take into account that in its judgment on the merits
this Court declared that “to the detriment of Efraín Bámaca Velásquez, the State did
not comply with the obligation to prevent and punish torture in the terms of Articles
1, 2, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture.” In
the framework of the current reparations stage, the Court deems that, to protect the
right to humane treatment under its domestic jurisdiction, the State must fully apply
the aforementioned articles of the Inter-American Convention to Prevent and Punish
Torture.
IX
COSTS AND EXPENSES
Arguments of the representatives of the victims
88.
The representatives of the victims requested reimbursement of costs and
expenses for the total sum of US$48,315.00 (forty-eight thousand three hundred
and fifteen United States dollars), for expenses incurred by Jennifer Harbury in her
search for justice at a national and international level in the instant case. They
specifically requested the following amounts: US$8,500.00 (eight thousand five
hundred United States dollars) for professional attorney fees; US$24,575.00
(twenty-four thousand five hundred and seventy-five United States dollars) as
reimbursement for expenses caused by steps taken before the Inter-American Court
of Human Rights; US$15,700.00 (fifteen thousand seven hundred United States
dollars) for payment of fees to attorney José Pertierra, for the period between
February, 1993 and the year 1997; and US$8,040.00 (eight thousand and forty
United States dollars) for the expenses of CEJIL. However, in their final arguments
at the public hearing, the representatives estimated their costs and expenses to be
US$45,054.00.
Arguments of the Commission
89.
The Commission endorsed the request made by the representatives of the
victims.
Arguments of the State
96
See Paniagua Morales et al. Case, supra note 5, para. 203.
97
Guatemala has been a State Party to the Inter-American Convention on Forced Disappearance of
Persons since July 27, 1999.
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