116
before the Inter-American System, taking into account the particular circumstances
of the specific case and the nature of international jurisdiction for the protection of
human rights. This assessment may be based on the principle of equity and take into
account the expenses indicated by the Inter-American Commission and the
representatives, provided the sum is reasonable.235
260. The Court takes due account of the fact that Mr. Palamara-Iribarne incurred
expenses during the prosecution of the domestic proceedings that were carried out
against him, and that he acted before the Commission and this Court through CEJIL.
As there is no documentary evidence proving the expenses incurred by CEJIL on
account of the steps taken in representing the victim in the international proceeding,
or the expenses incurred by Mr. Palamara-Iribarne before the domestic courts, this
Court sets, on grounds of equity, the amount of US$ 4,000.00 (four thousand United
States dollars) or its equivalent in Chilean currency to be paid to Mr. PalamaraIribarne as costs and expenses, within a term of one year. Mr. Palamara-Iribarne
shall deliver to his representatives such amount as may be appropriate based on the
assistance received from them.
E) METHOD OF COMPLIANCE
261. In order to comply with this Judgment, within a term of one year of notice
hereof, the State shall make payment of the compensatory amounts hereby ordered
(supra paras. 239, 242, 243 and 248) and reimburse costs and expenses (supra
para. 260), and, within a term of six months, it shall adopt the measures ordered in
paragraphs 250 to 253 of this Judgment. As to those measures of reparation that
require the State to bring its domestic law in line with the international standards set
in the American Convention, the State shall have a reasonable term to comply
therewith (supra paras. 254 to 257).
262. All payments to be made on account of pecuniary damage, lost profits and
expenses arising on account of the violations of the victim’s rights, as well as the
reimbursement of the costs and expenses incurred as a result of the steps taken by
the victim in the context of the domestic proceedings and by the victim’s
representatives in the international proceeding before the Inter-American system for
the protection of human rights, shall be made to Mr. Humberto Antonio PalamaraIribarne in the manner indicated in paragraphs 241 to 243, 248 and 260 of this
Judgment.
263. Should the victim pass on, payment of said amounts shall be made to his heirs.
264. The State may discharge its pecuniary obligations by tendering United States
Dollars or an equivalent amount in Chilean currency, at the exchange rate prevailing
in the New York, USA market between both currencies on the day prior to the date of
actual payment.
265. Should the victim not be able to receive the compensation payments within the
235
Cf. Case of the “Mapiripán Massacre” supra note 1, para. 322; Case of Raxcacó-Reyes, supra note
1, para. 137, and Case of Gutiérrez-Soler, supra note 1, para. 116.
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