E.3. Non-pecuniary damages
129. With respect to non-pecuniary damage, considering the circumstances of the
instant case and the violations committed, the Court goes on to establish, in equity, the
compensation for non-pecuniary damage in favor of the victim. Accordingly, the Court
orders, in equity, the payment of the sum of US$ 15,000.00 (fifteen thousand United
States dollars) for non-pecuniary damages in favor of Mr. Nissen Pessolani.
F.
Costs and Expenses
130. The Commission did not refer to this point.
131. The representative included this item in the calculation of the monetary
compensation requested. However, the separate calculation of the amount of
professional fees was estimated at USD$211,574.00 (two hundred and eleven thousand
five hundred and seventy-four United States dollars) and that of "costs of previous
lawsuits" at USD$6,154.00 (six thousand one hundred and fifty-four United States
dollars). In the final written arguments he requested that the amount be established in
equity.
132. The State claimed that in the calculation "no estimate is made, [nor] is there any
accompanying proof or supporting documents." Both in its response and in its final
arguments, it argued that "it has no international responsibility in this case and therefore
does not accept that it should pay the costs of this international process, nor of the
national processes." It added that Mr. Nissen Pessolani himself has indicated that his
representatives "have not charged him a single cent in professional fees,” and that one
of them is deceased, so that "Mr. Nissen Pessolani could not claim, in his personal
capacity, the corresponding fees in his favor." Finally, it stated that the representatives
"have not had a relevant or continuous participation,” nor "has Mr. Nissen Pessolani
attached any document that would allow us to presume that he has incurred in the hiring
of lawyers or expenses in the previous lawsuits." It is for these reasons that it considered
that the amount requested "does not conform to a reasonable request for reparation, for
which reason it should be dismissed in its entirety."
133. The Court recalls that, according to its case law, costs and expenses are part of
the concept of reparation, as the activity carried out by the victims in their search for
justice, both nationally and internationally, involves expenditures that must be
compensated when the international responsibility of the State is declared through a
condemnatory judgment. It is up to the Court to prudently assess the scope of the
reimbursement of costs and expenses, which includes the expenses incurred before the
authorities of the domestic jurisdiction, as well as those incurred in the course of 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 can be made based on the principle of equity and taking
into account the expenses indicated by the parties, as long as the quantum is
reasonable.146
134. This Court has stated that "the claims of the victims or their representatives
regarding costs and expenses, and the evidence supporting them, must be presented to
the Court at the earliest procedural opportunity granted to them, that is, in the written
146
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and Costs. Judgment of August 27, 1998.
Series C No. 39, paras. Case of Mina Cuero v. Ecuador, supra, para. 166.
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