71
regard. Consequently, on this point, the Court refers to the contents of paragraphs
116 to 118 of this judgment.
Publication of the pertinent part of the Court’s judgment
173. As it has on other occasions,130 the Court considers that, as a measure of
satisfaction, the State must publish within one year from the notification of this
judgment, at least once in the official gazette and in another daily newspaper with
national circulation in Peru, the section entitled “Proven Facts,” without the
corresponding footnotes, and operative paragraphs 1 to 3 of this judgment (infra
paras. 188(1), 188(2) and 188(3)).
X
COSTS AND EXPENSES
Arguments of the Commission
174. The Commission requested the Court that, after hearing the victim’s
representatives, it order the State to pay the costs incurred at the national level and
at the international level by processing the case before the Commission, and those
incurred as a result of processing the application before the Court.
Arguments of the victim’s representatives
175. The victim’s representatives requested the Court to order the State to pay
US$10,000.00 (ten thousand United States dollars) to the Medical Association of the
Peruvian Social Security Institute, the Physician’s Professional Association of Peru
and the Peruvian Medical Federation for the expenditure they incurred for the
victim’s defense; also, a reasonable amount for professional fees for the
representatives’ professional advice before the Commission, and the costs arising
from processing the application before the Court.
Arguments of the State
176. The State did not refer to the claims relating to costs and expenses
formulated by the Inter-American Commission and the victims’ representatives.
Considerations of the Court
177. As the Court has indicated on previous occasions,131 costs and expenses are
included in the concept of reparation embodied in Article 63(1) of the American
Convention, because the measures taken by the victim to obtain justice, at the
domestic and the international level imply expenditure that must be compensated
when the State’s international responsibility has been declared in a judgment against
it. Regarding reimbursement, the Court must prudently assess their scope, and they
include the expenses incurred before the authorities of the domestic jurisdiction, and
also those incurred during the proceedings before the inter-American system, taking
130
Cf. Case of Tibi, supra note 1, para. 260; Case of the “Juvenile Reeducation Institute”, supra note
1, para. 315; and Case of Ricardo Canese, supra note 1, para. 209.
131
Cf. Case of Tibi, supra note 1, para. 268; Case of the “Juvenile Reeducation Institute”, supra note
1, para. 328; and Case of Ricardo Canese, supra note 1, para. 212.
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