the consequences of a pecuniary nature that have a causal nexus with the facts of the case.192 It has also established that non-pecuniary damage may include both the suffering and distress caused to the direct victims and their next of kin, the impairment of values that are very significant to them, as well as changes of a non-pecuniary nature in the living conditions of the victim or his family.193 184. In the instant case, the representatives have requested a lump sum, without providing evidence to show the pecuniary damage suffered by the victim. This Court presumes that Mr. Baraona Bray incurred a series of pecuniary expenses and that he suffered non-pecuniary damage as a consequence of the facts of this case. Consequently, the Court deems it appropriate to establish, in equity, a joint amount for pecuniary and non-pecuniary damage, and awards the sum of USD $60,000.00 (sixty thousand United States dollars) in favor of Carlos Baraona Bray. G. Costs and expenses 185. The representatives requested that the State be ordered to pay costs as part of the compensation requested, without indicating a specific amount. 186. The State rejected a possible award of costs, since there was no basis to justify it, in view of the factual and legal precedents set forth above. 187. The Court reiterates that, in accordance with its case law, costs and expenses form part of the concept of reparation, because the activities carried out by the victims in order to obtain justice, both at the national and the international level, imply expenditures that must be compensated when the international responsibility of the State is declared in a judgment. Regarding the reimbursement of costs and expenses, it is for the Court to prudently assess their scope, including the expenses incurred before the authorities of the domestic jurisdiction, as well as 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 made based on the principle of equity and taking into account the expenses indicated by the parties, provided that their quantum is reasonable.194 188. The Court has indicated that the claims of victims or their representatives with regard to costs and expenses, and the supporting evidence, must be presented to the Court at the first procedural opportunity granted to them, that is, in the pleadings and motions brief, without prejudice to such claims being subsequently updated, in accordance with the new costs and expenses incurred in the proceedings before this Court.195 In the instant case, the representatives did not submit any supporting evidence of the disbursements made by the victim in the domestic proceedings or before the organs of the inter-American System. 189. Consequently, given that the victim incurred expenses related to the processing of the case before the domestic jurisdiction and before the inter-American system, the Court establishes, in equity, the sum of USD $20,000.00 (twenty thousand United States dollars), Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and costs. Judgment of February 22, 2002. Series C No. 91, para. 43, and Case of Leguizamón Zaván v. Paraguay, supra, para. 132. 193 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 Aroca Palma et al. v. Ecuador, supra, para. 144. 194 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 Leguizamón Zaván v. Paraguay, supra, para. 142. 195 Cf. Article 40(d) of the Court’s Rules of Procedure. See also, Case of Garrido and Baigorria v. Argentina, supra, paras. 79 and 82, and Case of Mina Cuero v. Ecuador, supra, para. 167. 192 52

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