49
According to information received from the Argentine Federal Police […] former Sergeant 1 RP
162.134 […] Juan Carlos Bayarri entered the ranks of the police on July 5, 1971, and took
voluntary retirement on October 1, 1988; this was changed to termination of employment on May
15, 2006, in the context of administrative hearing No. 465-18-000-222-91, filed as a result of the
judicial proceedings entitled: “Kidnappings for Ransom,” heard by National Criminal Court of First
Instance No, 25, headed by Nerio Norberto Bonifati, Secretariat No. 145 of Eduardo Albano
Larrea.
As a result of his dismissal, Mr. Bayarri does not presently enjoy the benefits of the Pension Fund,
since he was eliminated from the fund on May 17, 2006.
The Argentine Federal Police Retirement and Pension Fund has advised that the person dismissed
is registered in this welfare entity under Class 23 […] and, in principle, can take the necessary
steps to obtain a minimum pension consisting in [82%] of the retirement pay that he enjoyed
before being separated from the institution.159
186. Subsequently, the representatives informed the Court that the victim had not been
notified of this administrative decision, by which the Federal Police had decided to dismiss
him and asked that the Court “order whosoever it may concern to notify him officially as
soon as possible […] so that he can marshal all legal means to contest the decision […].”
187. The Court considers that the administrative action filed against Juan Carlos Bayarri
does not form part of the factual basis of the Inter-American Commission’s application;
hence it will not rule in that regard. Consequently, the Court will not examine the
corresponding reparations requested by the representatives.
E) Costs and expenses
188. 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.160
189. The victim requested the sum of US$170,000.00 (one hundred and seventy
thousand United States dollars) for “legal expenses, costs already paid, lawyers’ fees and
consultations with different legal experts.” He also requested “the payment of litigation
costs and professional fees […] in favor of [his] representatives, to be established taking
into account the importance and scale of the proceedings.” In this regard, he requested that
the Argentine State pay 33% of the sum granted to him as compensation for the damage
suffered to his representatives in this case, based on the provisions of Argentine law
concerning professional fees.
190. The Inter-American Commission asked the Court “[t]o order payment of the costs
and expenses that the victim incurred to litigate this case in the domestic jurisdiction and
also before the Commission and the Court, as well as reasonable fees for his
representatives.”
191. The State alleged that “no vouchers have been provided for the supposed expenses
that [Mr. Bayarri] is claiming […].” It also argued that the victim “merely establishes a sum
that bears no relationship to the standard of reasonableness established by the [Court’s]
case law, according to which only those expenses that are strictly necessary to defend a
159
Note of June 18, 2008, addressed to the Head of the Cabinet of the Minister for Foreign Affairs,
International Trade and Worship, Ambassador Alberto Pedro D´Alotto, by the Head of the Cabinet of Advisors to
the Minister of Justice, Security and Human Rights, Silvina Zabala (file of attachments to the State’s brief with final
arguments, sole tome, folios 6849 to 6850).
160
Cf. case of the “White Van” (Paniagua Morales et al.), supra note 147, para. 212; case of Castañeda
Gutman, supra note 35, para. 240; case of Heliodoro Portugal, supra note 10, para. 264.