The amounts allocated in this agreement as compensation shall be paid in full to the
persons indicated, in accordance with the provisions of this agreement, without
deductions. In the event that the State should default or fail to make the agreed
payments, the parties shall request the Court to rule thereon.
129.
With respect to the foregoing, and considering the circumstances of this case, the
Court deems it particularly important to ensure the timely payment of compensatory damages
to mitigate the pecuniary consequences and the profound suffering that the violations caused
the victims in various aspects of their lives, particularly to their integrity, family life and work.
The Court also considers it appropriate to endorse the provisions of the agreement regarding
the obligation of the parties to “keep the amounts specified strictly confidential” and has
therefore omitted to transcribe these in the publication of this judgment.
B.3. Payment of costs and expenses
130. In the friendly settlement agreement, the parties requested that the Court determine,
in equity, the amounts for costs and expenses to be paid by the State to AMHBLI, in full and
without deductions. CEJIL waived the amounts that would correspond to it in order to
“contribute to the present process.”
131. In this regard, the Court recalls that costs and expenses form part the concept of
reparation, because the efforts made by the victims to obtain justice, both at the national and
international levels, entail disbursements that must be compensated when the international
responsibility of the State is declared in a condemnatory judgment. With regard to the
reimbursement of costs and expenses, it is for the Court to prudently assess their scope,
which includes the expenses incurred before the authorities of the domestic courts and those
generated during the proceedings before the inter-American system, taking into account the
circumstances of the specific case and the nature of the international jurisdiction for the
protection of human rights. This assessment may be based on the principle of equity, taking
into account the expenses indicated by the parties, provided that their quantum is
reasonable. 155
132. In view of the agreement reached between the State and the representatives, the
Court deems it reasonable to set a total sum of [the amount of money agreed by the parties
and established in the agreement] as payment for costs and expenses. Said amount shall be
delivered, within six months from notification of this judgment, to the Association of Disabled
Honduran Miskito Divers (AMHBLI). In the process of monitoring compliance with this
judgment, the Court may order the State to reimburse the victims or their representatives
for any reasonable expenses, duly proven, incurred during that procedural stage. 156
C. Guarantees of non-repetition
C.1. Inclusion of Miskito divers and their families in existing social programs
133.
In the friendly settlement agreement, the State agreed to the following:
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs. Judgment of August 27, 1998. Series
C No. 39, para. 82, and Case of Vicky Hernández et al. v. Honduras. Merits, reparations and costs. Judgment of
March 26, 2021. Series C No. 422, para. 195.
155
156
Cf. Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia. Merits, reparations and costs. Judgment of September
1, 2010. Series C No. 217, para. 29, and Case Grijalva Bueno v. Ecuador. Preliminary objection, merits, reparations
and costs. Judgment of June 3, 2021. Series C No. 426, para. 195.
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