appropriate to order economic reparations. It does consider it reasonable to believe that
the violations to personal liberty and to judicial guarantees caused non-pecuniary
damage. Because of this, the Court considers it reasonable to order, in equity, the
payment of USD $25,000.00 (twenty-five thousand United States dollars) as
compensation for the non-pecuniary damage suffered by Mr. Carranza.
E) Costs and expenses
110. The representative asked the Court to order the State to pay the “fees [...] for
all the years the case has taken.” He asked that those fees be “set” by the Court.
111. The State asked the Court to refrain from ordering this measure or, if it does, to
determine a reasonable amount.
112. The Court reiterates that, pursuant to its case law, 68costs and expenses are part
of the concept of reparation in all cases in which the efforts of the victims in seeking
justice, both nationally and internationally, entail expenditures that must be
compensated for when the international responsibility of the State is declared. The Court
is responsible for prudently assessing the scope of this reimbursement for costs and
expenses, taking into consideration the circumstances of the specific case and the nature
of international jurisdiction with respect to the protection of human rights. This
assessment can be done on the basis of the principle of equity and taking into
consideration the expenses declared by the parties, provided the amounts are
reasonable.
113. In the present case, the Court observes that the representative did not mention
or provide evidence for expenses incurred. His request was that the Court “set” his
professional fees. This request is inconsistent with the practice of this Court, which
orders the reimbursement of costs and expenses actually incurred, even, as the case
may be, those produced by the payment of sums of money by the victims to their
representatives or to professionals for their services. Furthermore, when the
representative was notified of the submission of the case, he was informed that “the
eventual reimbursement of costs and expenses will be carried out on the basis of
expenditures duly documented before the Court.”
114.
Without prejudice to the foregoing, the Court considers it evident that the steps
taken entailed pecuniary expenditures. Therefore, considering it reasonable, it
determines that the State must pay the representative the amount of USD $10,000.00
(ten thousand United States dollars) for costs and expenses. Said amount must be
rendered directly to the representative. At the stage of monitoring compliance with the
present Judgment, the Court will be able to order the State to reimburse the
representative for reasonable expenses incurred during said procedural stage. 69
F) Method of compliance with the payments ordered
115. The State shall make the payment for reimbursement of costs and expenses
established in the present judgment directly to the representative of Mr. Carranza
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and Costs. Judgment of August 27, 1998.
Series C No. 39, para. 79, and Case of Jenkins v. Argentina, para. 164.
68
69
Cf. Case of Gudiel Álvarez et al. (“Diario Militar”) v. Guatemala. Interpretation of the Judgment on
Merits, Reparations, and Costs. Judgment of August 19, 2013. Series C No. 262, para. 62, and Case of Jenkins
v. Argentina, para. 165.
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