120
90.
The State expressed its agreement with the Court setting the amount for
costs and expenses, insofar as “those expenses are fully verifiable with legal
documents supporting the disbursements made”.
Considerations of the Court
91.
The Court, pursuant to the provisions of Article 63(1) of the American
Convention and its case law,98 deems it equitable to recognize as costs and expenses
US$18,000.00 (eighteen thousand United States dollars) to Jennifer Harbury and
US$5,000.00 (five thousand United States dollars) to CEJIL.
X
METHOD OF COMPLIANCE
Arguments of the representatives of the victims
92.
In their May 8, 2001 brief, the representatives of the victims stated that
“there must be an effective mechanism to ensure compliance with the judgment on
reparations” and to this end they requested that the Court hold a hearing, six
months after the rendering of this judgment, for the State to inform the Court
regarding compliance with it, especially regarding delivery of the mortal remains of
Mr. Bámaca Velásquez to his next of kin. In case this delivery does not occur, if that
is due to causes attributable to the State, the representatives would request at the
appropriate time that Guatemala have to pay a daily sum until the body is found and
delivered to the next of kin.
At the public hearing on reparations, the
representatives of the victims added that the aforementioned sum would reflect a
“monetary translation of the continuing damage caused by anguish and suffering […]
that exists with a forced disappearance”.
93.
The representatives of the victims also requested that compensation be paid
within six months time, in United States dollars, deposited to “an account previously
opened abroad for this purpose”, as well as that it be exempt from any current or
future taxes in Guatemala and that, for every day of non-payment, current banking
interest be recognized, in accordance with the case law of this Court.
Arguments of the Commission
94.
The Commission requested that the Court order that:
a)
98
the State must comply with all measures of reparation within six
months of the issuance of the respective judgment, after which time it
must report on compliance with it, and the Court could have to hold a
public hearing “to consider any matters pertaining to this point that
have not been definitively resolved”;
See Cantoral Benavides Case, Reparations, supra note 5, para. 87; Mayagna (Sumo) Awas Tingni
Community Case, supra note 7, para. 169; Cesti Hurtado Case, Reparations, supra note 5, para. 73;
Villagrán Morales et al. Case, Reparations, supra note 5, para. 109; and Paniagua Morales et al. Case,
Reparations, supra note 5, para. 217.
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