110
jurisprudence has repeatedly established that the Judgment may constitute per
se a form of reparation.402 Nevertheless, considering the circumstances of the
case sub judice, the suffering that such committed violations caused to said next
of kin, the prevailing impunity in the case, as well as the changes in their living
conditions, and the other consequences of an intangible or non-pecuniary nature
suffered by them, the Court deems it appropriate to establish a sum, in equity, as
compensation for non-pecuniary damage to the family members indicated as
victims in the present case.403
311. In regard to its jurisprudence, in consideration of the circumstances of the
present case, the violations committed, the suffering caused, and the treatment
received, the time elapsed, the denial of justice and information, as well as
change in living conditions and the remaining consequences of a non-pecuniary
nature suffered, the Court sets, in equity, a sum of US $ 45,000.00 (forty-five
thousand dollars of the United States of America) for each direct relative, and US
$ 15,000.00 (fifteen thousand dollars of the United States of America) to each
non-direct relative, considered victims in the present case and indicated in
paragraph 251 of the present Judgment. The compensation offered in the present
Judgment, shall not pose an obstacle to the other reparations that, eventually,
could be issued in the domestic law.
3. Costs and expenses
312. As the Court has indicated on previous occasions, costs and expenses are
included within the concept of reparation embodied in Article 63(1) of the
American Convention.404
313. The Commission requested the Court to order the State to pay costs and
expenses incurred in the processing of the present case.
314. The representatives requested the Court to set, in equity, a sum to the
benefit of the Commission of the Next of Kin of the Deceased and Disappeared
and of the Grupo Tortura Nunca Máis of Río de Janeiro, for the expenses incurred
in the elaboration of the applications and the documentation in the case,
reserving the right to request future for expenses. Subsequently, they specified
that they did not incur additional expenses subsequent the brief of pleadings and
motions. Likewise, the Center for Justice and International Law incurred expenses
for trips to San José and to Washington, communications, photocopies,
stationary, mailings related to the follow-up of the present case, as well as trips
to locate and meet with the next of kin of the victims, in addition to the
corresponding expenses related to the care given to the case and the
investigation, compilation, and presentation of evidence, the interviews carried
out, and the preparation of the various procedural stages. In particular, the
Center for Justice and International Law incurred US$ 45,196.53 (forty-five
thousand, one hundred and ninety-six dollars of the United States of America and
fifty-three cents) in expenses from 1999 until July of 2009, and US$ 33,733.93
402
Cf. Case of Neira Alegría et al.. Reparations and Costs, supra note 377, para. 56; Case of
Rosendo Cantú et al., supra note 45, para. 278, and Case of Ibsen Cárdenas and Ibsen Peña, supra
note 24, para. 282.
403
Cf. Case of Neira Alegría et al.. Reparations and Costs, supra note 377, para. 56, Case of
Rosendo Cantú et al., supra note 45, para. 278, and Case of Ibsen Cárdenas and Ibsen Peña, supra
note 24, para. 282.
404
Cf. Case of Garrido and Baigorria v Argentina. Reparations and Costs. Judgment of August 27,
1998. Series C No. 39, para. 79; Case of Rosendo Cantú et al., supra note 45, para. 280, and Case of
Ibsen Cárdenas and Ibsen Peña, supra note 34, para. 284.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos