63
The representatives stated that
i) Casa Alianza Honduras promoted the judicial proceedings at a domestic
level and incurred in expenses related with the investigation, mail, telephone,
and transfers estimated in the amount of US$27,145.44 (twenty seven
thousand one hundred and forty five dollars with forty four cents). Since they
have not been able to present the receipts corresponding to those expenses,
the representatives asked the Court to set the amount in equity and order the
State the reimbursement of the same, and
ii)
CEJIL has acted as a representative of the victims before the InterAmerican system for which it has incurred in expenses that include trips,
hotel payments, communication expenses, photocopies, stationery, and
shipments. In this regard, it requested the amount of US$10,213.97 (ten
thousand two hundred and thirteen dollars of the United States of America
with ninety seven cents). It also requested that, in the corresponding
procedural stage, they be given the opportunity to present updated numbers
and receipts regarding the expenses in which it will incur during the
international process.
Arguments of the State
168.
The State declared, inter alia, the following:
a)
Beneficiaries
It did not refer expressly to the persons entitled to reparations. However, the
State acknowledged to the next of kin of the victims their right to fair and
prompt reparations.
b)
Pecuniary and non-pecuniary damages
The State acknowledged the right of the next of kin of the victims to fair and
prompt reparations, which include the measures of restitution, compensation,
rehabilitation, satisfaction, and guarantees of non-repetition. The compensation
must be given in relation to a calculable damage for the violations of human
rights.
c)
Other forms of reparation:
The State mentioned that:
i)
the Public Prosecutors’ Office of Honduras continues making efforts in
the prosecution and punishment of the perpetrators and planners of the case;
since March 4, 1996 it has followed a criminal proceeding before the First
Criminal Court of First Instance of Tegucigalpa under registry No.224-96
regarding the case, and an arrest warrant was issued against Víctor Hugo Vivas
Lozano for being considered one of the authors of the crimes committed against
the victims. The criminal action derived from the facts has not expired and the
Commission, in its Report No. 74/04, spread upon the record that the Human
Rights Inspector appointed to the case and the Public Prosecutors’ Office “did a
good job with the investigation of the facts”;