60
individual or family treatment as agreed upon with each of them after an individual
evaluation.
E)
COSTS AND EXPENSES
208.
As the Court has stated on previous occasions, costs and fees are
contemplated within the concept of reparations as enshrined in Article 63(1) of the
American Convention, since the victims’ efforts to obtain justice in the domestic as
well as in the international level lead to expenses that must be compensated when
the State’s international responsibility has been determined in a conviction
judgment. As regards their reimbursement, the Court must prudently assess their
extent, which involve 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 the particular circumstances of the specific
case and the nature of international jurisdiction in the protection of human rights.
Such estimate may be made on grounds of equitable principles and in consideration
of the expenses reported and evidenced by the parties, provided they are
reasonable.121
209. Considering the criteria mentioned in the previous paragraph, the Court
orders the State, based on equitable grounds, to reimburse the amount of US$
5,000.00 (five thousand United States dollars) or its equivalent in Peruvian soles to
Mr. Crispín Baldeón Yllaconza, who will deliver to APRODEH the amount he deems
appropriate as compensation for the expenses incurred when acting within the
domestic jurisdiction and those resulting from the proceedings conducted within the
Inter-American System.
XII
METHOD OF COMPLIANCE
210. The State must pay the compensations for pecuniary and non pecuniary
damage, and reimburse the costs and expenses incurred (supra paras. 185, 187,
191 and 209) within one year following notice of the Judgment. The remaining
reparation measures ordered by the Court must be complied with within reasonable
time (supra paras. 199 and 207), or within the term specified in this Judgment
(supra paras. 194, 204 and 205).
211. Payment of the compensations ordered to the benefit of Mr. Baldeón-García
shall be made in accordance with paragraph 182 of this Judgment. The
compensations established to the benefit of the next of kin of Mr. Baldeón-García
shall be delivered directly to each beneficiary. Should any of the persons specified
above die before receiving the corresponding compensation, said amount shall be
distributed in accordance with applicable domestic legislation.
121
Cf. Case of Acevedo-Jaramillo et al, supra note 6, para. 315; Case of López-Álvarez, supra note
6, para. 214; and Case of Pueblo Bello Massacre, supra note 6, para. 283.
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