94
193. As this Court has pointed out before,185 legal costs and expenses are included
under the concept of reparations embodied in Article 63(1) of the American
Convention, because the activities carried out by the next of kin of the victim to
establish his whereabouts and, subsequently, to attain justice both at the domestic
and the international levels entail expenses which must be compensated for when the
State is found to be internationally responsible, by means of a condemnatory
judgment. With respect to their reimbursement, the Court must judiciously assess
their scope, which encompasses the expenses incurred before the authorities of the
domestic jurisdiction as well as those incurred in the proceedings before the interAmerican system, bearing in mind the circumstances of the specific case, the nature of
international jurisdiction for protection of human rights.186 This assessment must be
based on the principle of fairness and take into account the expenses stated by the
parties, insofar as their quantum is reasonable.187
194. To this end, the Court deems it equitable to order payment of total sum of
US$16,000.00 (sixteen thousand United States dollars) for legal costs and expenses
incurred by the representatives of the victim in the domestic proceedings and in the
international proceedings before the inter-American system for protection of human
rights. The respective payment must be distributed as follows: a) US$14,000.00
(fourteen thousand United States dollars) to COFADEH; and b) US$2,000.00 (two
thousand United States dollars) to CEJIL.
195. As a consequence of the existing impunity in the instant case and of the
reparation ordered by this Court to further the judicial investigations to establish the
truth regarding what happened to Juan Humberto Sánchez and to punish those
responsible, it will be necessary for the next of kin of the victim to incur expenses in
the domestic system, for which reason the Court, in fairness, grants the sum of
US$3,000.00 (three thousand United States dollars) to be distributed in equal parts
between María Dominga Sánchez and Juan José Vijil Hernández.
XVII
METHOD OF COMPLIANCE
196. To comply with the instant Judgment, the State must pay the compensations
and the reimbursement of costs and expenses within six months of the date of
notification of the instant Judgment.
197. The State can comply with its pecuniary obligations by payment in United
States dollars or an equivalent amount in Honduran lempiras, using for this
calculation the exchange rate between the two currencies at the New York exchange
in the United States of America, the day before the payment.
198. Payment of the amount for pecuniary and non-pecuniary damage as well as
for legal costs and expenses set forth in the instant Judgment can be subject neither
185
Las Palmeras Case, Reparations, supra note 4, para. 82; El Caracazo Case, Reparations, supra
note 4, para. 130; and Trujillo Oroza Case, Reparations, supra note 22, para. 126.
186
“Five Pensioners” Case, supra note 3, para. 181, Cantos Case, supra note 5, para. 72; and Las
Palmeras Case, Reparations, supra note 4, para. 83.
187
“Five Pensioners” Case, supra note 3, para. 181, Cantos Case, supra note 5, para. 72; and El
Caracazo Case,Reparations, supra note 4, para. 131.
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