57
of kin of the victim to establish his whereabouts and, subsequently, to obtain justice
both under domestic and international jurisdiction, involve expenses that must be
compensated when the State is found to be internationally responsible in a judgment
against it. With respect to the reimbursement, it is for the Court to judiciously
assess the amount, which includes expenses incurred before the authorities under
domestic jurisdiction and those incurred in the proceedings before the inter-American
system, taking into account the certification of expenses made, the circumstances of
the specific case, and the nature of international jurisdiction for protection of human
rights.107 This assessment can be based on the principle of equity and assessing the
expenses stated by the parties, insofar as their quantum is reasonable.108
151. In the instant case, the Court notes that there is a discrepancy between the
Inter-American Commission and the representatives of the next of kin of the victim
regarding legal costs and expenses. On the one hand, the Commission requested
payment of certain amounts in its January 4, 2002 brief on reparations (supra 18).
In it, the Commission pointed out that “continuation of the processing of the case
before the [...] Court will require new legal costs and expenses in the near future
[that] should also receive [...] compensation,” but in the brief with its final
arguments, on July 4, 2003 (supra 29), it ratified the amounts requested on January
4, 2002. In their July 4, 2003 brief with their final arguments (supra 29), the
representatives, in turn, demanded substantially higher amounts than those
requested by the Commission with regard to legal costs and expenses, pointing out
that “continuation of the processing of the case before the [...] Court has required
new legal costs and expenses.” Finally, the Court notes that neither the Commission
nor the representatives supplied receipts or vouchers to substantiate their claims
regarding this aspect of the compensation.
152. The Court deems it equitable to order payment of US$40,000.00 (forty
thousand United States dollars) for legal costs and expenses in the domestic
proceedings and in the international human rights proceedings. Payment must be
distributed as follows: a) US$12,000.00 (twelve thousand United States dollars) to
María del Carmen Verdú; b) US$12,000.00 (twelve thousand United States dollars)
to Daniel A. Stragá; c) US$7,000.00 (seven thousand United States dollars) to
CORREPI; d) US$7,000.00 (seven thousand United States dollars) to CELS; and e)
US$2,000.00 (two thousand United States dollars) to CEJIL.
153. This Court deems that to further the proceedings regarding investigation of
the facts, the next of kin of the victim will need to incur expenses under domestic
jurisdiction, and for this it grants in equity US$5,000.00 (five thousand United States
dollars) to Graciela Rosa Scavone.
XIV
METHOD OF COMPLIANCE
107
Cf., Juan Humberto Sánchez Case, supra note 4, para. 193; “Five Pensioners” Case, supra note 4,
para. 181; and Cantos Case, supra note 6, para. 72.
108
Cf., Juan Humberto Sánchez Case, supra note 4, para. 193; “Five Pensioners” Case, supra note 4,
para. 181; and Cantos Case, supra note 6, para. 72.
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