amounts respond to standards of reasonableness and proportionality.” 198 On the other
hand, the Court considers it relevant to recall that the victims in this case, specifically
Mrs. Millacura Llaipén, benefited from the Victim’s Legal Aid Fund in order to participate
in the public hearing held before the Court in Panama City, Panamá (supra para. 5 and
infra paras. 201 to 203).
200. Taking this into account and as a consequence, the Tribunal rules to establish, in
equity, the amount of US$ 15,000.00 (fifteen thousand dollars of the United States of
America) for expenses incurred while processing this case before domestic bodies and
the Inter-American System. This amount must be paid in the period set by the Court
(infra para. 206) to Mrs. Millacura Llaipén, who herself must pay the corresponding
amount to the individuals or organizations who have represented her domestically and
before the Inter-American System. Subsequently, Mrs. Millacura Llaipén must present
before the Court the receipts of this delivery. In the proceeding of monitoring of
compliance with this Judgment, the Tribunal may order the State to reimburse the victim
or her representatives for the duly demonstrated reasonable expenses during that
procedural stage.
F.
Reimbursement of expenses to the Victim’s Legal Aid Fund.
201. In 2008, the General Assembly of the Organization of American States
(hereinafter the “OAS”) created the Legal Aid Fund of the Inter-American System of
Human Rights. The fund was created “to facilitate access to the Inter-American Human
Rights System by persons who currently lack the resources needed to bring their cases
before the system.” 199 In this case, the victims were granted the financial assistance
necessary from the Legal Aid Fund for Mrs. Millacura Llaipén and one of her
representatives to appear at the public hearing held in Panama, as well as to submit the
testimony of expert witness Nora Cortiñas (supra paras.10 and 40.b).200
202. The State had the opportunity to submit observations on the expenditures made
in this case, which equaled US $10,043.02 (ten thousand and forty-three dollars of the
United States of American and two cents). Therefore, in application of Article 5 of the
Rules of the Fund, it corresponds to the Court to evaluate whether to order the
respondent State to reimburse the Legal Aid Fund for the expenditures made. The State
did not present observations on this point.
203. Because of the violations declared in this judgment, the Court ordered the State
to reimburse the Fund in the amount of $ 10,043.02 (ten thousand and forty-three
198
Cf. Case of the “White Van” (Paniagua Morales et al.) V. Guatemala. Reparations and Costs, supra
note 17, para. 213; Case of Chitay Nech et al. V. Guatemala, supra note 69, para. 53, and Case of Ibsen
Cárdenas and Ibsen Peña V. Bolivia, supra note 14, para. 298.
199
AG/RES. 2426 (XXXVIII-O/08) Resolution adopted by the General Assembly during the XXXVIII
Regular Period of Sessions of the OAS, in the fourth plenary session, held on June 3, 2008, “Creation of the
Fund for Legal Aid of the Inter-American System of Human Rights,” paragraph 2.a, and Order CP/RES. 963
(1728/09), 1.1.
200
Through an Order of the President of the Inter-American Court dated April 14, 2011, and in exercise of
its attributes with relation to the Victims Legal Aid Fund of the Court and in keeping with Article 31 of the Rules
of Procedure of the Tribunal and Article 3 of the Rules of Procedure of the Legal Aid Fund, the President of the
Court ruled to grant the request submitted by the alleged victims through their representatives to have
recourse to the Victims Legal Aid Fund of the Inter-American Court of Human Rights, such that it would grant
the financial assistance necessary for the presentation of a maximum of one witness, one expert witness
report, and the appearance of a representative during the public hearing. He ordered that the specific amount,
recipients and purpose of the aid would be specified at the moment the ruling is made on the adduction of the
evidence from experts and witnesses and, should it be the case, the opening of the oral procedure, under the
terms of Article 50 of the Rules of Procedure of the Tribunal, in keeping with what has been established in
Considering paragraph 13 of that Order. (supra para. 8)
58
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