95
other non-pecuniary consequences they bore, the Court deems it appropriate to
award compensation for non-pecuniary damage, assessed on equitable grounds.359
261. Consequently, the Court deems pertinent to determine, in equity, the
amount of US$ 20.000,00 (twenty thousand dollars of the United States of
America) in favor of each one of the victims in the instant case, as compensation
for non-pecuniary damage.
E. Legal Costs and Expenses
262. As held by the Court in prior cases, costs and expenses are included within
the concept of reparation as enshrined in Article 63(1) of the American
Convention.360
263. The Commission requested “the payment of the reasonable and necessary
costs and expenses, duly proven, which have originated and keep originating in the
processing of the case.”
264. The representatives requested the Court to order the State to pay the
following amounts: i) in favor of CEJIL, US$ 25,012.37 (twenty-five thousand and
twelve United States dollars and thirty-seven cents) for the expenses incurred since
2001 until the presentation of the brief of pleadings and motions and US$
17,803.725 (seventeen thousand eight hundred and three United States dollars
with seven hundred and twenty-five cents) for expenses incurred after such date;
and ii) in favor of Centro Prodh, US$ 13,062.13 (thirteen thousand and sixty-two
United States dollars and thirteen cents) for expenses incurred from 1999 until
October 31, 2009 and US$ 18,566.51 (eighteen thousand five hundred and sixtysix United States dollars and fifty-one cents) for expenses incurred after such date.
Furthermore, the representatives of CEJIL indicated that they incurred in some
expenses of photocopies, stationery and phone calls for an estimated amount of
US$ 250 (two hundred and fifty United States dollars). Lastly, the representatives
requested the Court to set an amount for future expenses related to the
compliance with the Judgment. This amounts to a total of US$ 74,694.74 (seventyfour thousand six hundred and ninety-four United States dollars and seventy-four
cents).
265. The State requested “to analyze and certify it with due diligence and
caution, if applicable, […] in order to determine [the] legal costs.”
266. Regarding the reimbursement of the legal costs and expenses, it is for the
Tribunal to assess their scope prudently. This reimbursement includes the costs
arising before the domestic authorities, as well as those arising 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 must be made on an equitable
359
Cf. Case of Neira Alegría et al v. Perú. Reparations and Costs, supra note 358 para. 56; Case of
Rosendo Cantú et al v. Mexico, supra note 30, para. 278; and Case of Ibsen Cárdenas and Ibsen Peña v.
Bolivia, supra note 30, para. 282.
360
Cf. Case of Garrido and Baigorria v. Argentina, supra note 313, para. 79; Case of Rosendo
Cantú et al v. Mexico, supra note 30, para. 280; Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia,
supra note 30, para. 284.
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