well as the alterations, of a non-pecuniary nature, in the conditions of the day-to-day existence
of the victim or his family”.198
254. As the Court has declared the violation of articles 4(1), 4(2), 5(1), 5(2), 7(1), 7(2),
7(5), 8(1), 8(2), 8(2)(g), 8(2)(h), 9 , 11(1) and 25(1) of the American Convention and articles
1, 6 and 8 of the IACPPT, to the detriment of Mr. Valenzuela Ávila in this judgment and given
the specificities of this case, the Court considers it appropriate to order compensation, in
equity, for an amount of USD$60,000.00 (sixty thousand United States dollars) in favor of
Tirso Román Valenzuela Ávila. In consideration of the information provided by the
representatives regarding the direct next of kin of Tirso Román Valenzuela Ávila, the Court
considers that said amount should be delivered to each of his next of kin, according to the
following criteria:
a) Fifty percent (50%) of the compensation corresponding to the victim will be
distributed, in equal parts, among the victim's children, namely: Jorge Luis, Luis
Fernando and Tirso Román, all with the surname Valenzuela Ruiz and their
daughter and son fathered by Rosa María Mendoza López, whose identity is
withheld for their safety (supra para. 52). If one or more of the children have
already died, the part that corresponds to him or them will increase that of the
other children of the same victim, and
b) The remaining fifty percent (50%) of the compensation corresponding to the
victim will be distributed, in equal parts, between the former spouse, Ludim
Azucena Ruiz López, and the former partner, Rosa María Mendoza López.
G. Costs and Expenses
255. The representatives requested:
a) Regarding the Institute for Comparative Studies in Criminal Sciences of Guatemala
(ICCPG), in the pleadings and motions brief, they requested: (i) payment for the trips
made from Guatemala City to San José, Costa Rica, and to Washington, DC, in the
United States, some of these trips were not exclusively related to this case, and (ii)
expenses corresponding to legal work. In their final arguments, they presented a table
of fees for the attorneys and assistants who worked on the case, for hourly payment
where there was a disbursement by the ICCPG representing an amount of
USD$76,865.19 (seventy-six thousand eight hundred and sixty-five United States
dollars and nineteen cents). Finally, they requested the amount of USD$192,000.00
(one hundred and ninety-two thousand United States dollars) as the final amount, and
that said amounts be repaid directly to the ICCPG.
b) The IDPP, who has acted as the victims’ representative in the international process
since August 2011, incurring travel expenses, lodging, legal work, did not request a
specific amount.
c) Regarding future expenses: they requested the expenses required to obtain future
evidence and any others that might be incurred for adequate representation before the
Court; in addition to considering the stage of compliance with judgment both nationally
and internationally.
198
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and Costs. Judgment
of May 26, 2001. Series C No. 77, para. 84, and Case of Gorigoitía v. Argentina, supra, para. 82.
60