48
a) CEJIL has incurred expenses in connection with the litigation of the cases
of Messrs. Oscar José Blanco-Romero, Roberto Javier Hernández-Paz and José
Francisco Rivas-Fernández, both domestically and internationally; and
b) the expenses claimed total US $26,996.76 (twenty-six thousand nine
hundred and ninety-six United States dollars and seventy-six cents).
Arguments by the State
113. The State has not submitted arguments on the subject of the costs and
expenses arising both domestically and internationally in connection with the instant
case.
Considerations of the Court
114. As previously stated by the Court,62 costs and expenses are contemplated
within the concept of reparations as enshrined in Article 63(1) of the American
Convention, since the victims’ efforts to obtain justice both domestically and
internationally entail disbursements that must be compensated when a
condemnatory Judgment has declared the State internationally liable. As regards
their reimbursement, the Court must prudently assess the extent of such costs and
expenses, which include the expenses incurred when acting before the domestic
authorities as well as those incurred in the course of proceedings before the InterAmerican System, taking into account both the particular circumstances of the
specific case and the nature of the international jurisdiction for the protection of
human rights. Such assessment is to be based on the principle of equity, taking into
account the expenses claimed and evidenced to have been incurred by the parties,
provided that the amount thereof is reasonable.
115. In the light of the above, the Court considers it appropriate, on equitable
grounds, to award a total of US$ 40,000.00 (forty thousand United States dollars) or
an equivalent amount in Venezuelan currency, out of which US$ 13,333.33 (thirteen
thousand three hundred and thirty-three United States dollars and thirty-three cents)
shall be paid to each of Mrs. Alejandra Josefina Iriarte de Blanco, the wife of Mr. José
Blanco Romero; Mrs. Teodora Paz de Hernández, the mother of Roberto Javier
Hernández-Paz; and Mrs. Nélida Josefina Fernández-Pelicie, the mother of José
Francisco Rivas-Fernández, on account of costs and expenses incurred in connection
with the domestic proceedings and the international proceedings before the InterAmerican System for the protection of human rights. Mrs. Alejandra Josefina Iriarte
de Blanco, Mrs. Teodora Paz de Hernández and Mrs. Nélida Josefina FernándezPelicie shall deliver to their representatives such amount as may be appropriate, on
the basis of the assistance provided by the latter.
X
METHOD OF COMPLIANCE
116. In order to comply with the instant Judgment, Venezuela shall make payment
of the above-ordered compensations (supra paras. 80, 82, 88 and 89) and reimburse
62
Cf. Case of the “Mapiripán Massacre”, supra note 1, para. 322; Case of Gutiérrez-Soler, supra
note 1, para. 116; and Case of Girls Yean and Bosico, supra note 2, para. 248.
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