40
prosecution of human rights violations. The domestic legislation in force and the
decisions of the Guatemalan Supreme Court of Justice is clear in this sense (supra
paras. 114 and 115).
*
*
*
121. On the other hand, the Court observes that the Commission requested other
guarantees of non-repetition,114 which were presented in a time-barred manner, that
is outside the suitable procedural opportunity to make said requests, reason for
which neither the State or the representatives could object or present their position
with regard to said requests. Therefore, the Court will not refer to them.
D)
Costs and expenses
122. The costs and expenses are included within the concept of reparation
enshrined in Article 63(1) of the American Convention.115
123. The Commission stated that “it takes note of the payment made by the
Guatemalan State to the next of kin of the victims for costs and expenses of the
domestic process and it ask[ed] the Court to, once it has heard the representatives
of the victims and their next of kin, order the State […] to pay the costs and
expenses duly proven originating in the processing of the present case before the
Tribunal.”
124. The representatives, under the principle of equity, requested US $11,979.86
(eleven thousand nine hundred and seventy nine dollars with eight six cents) for fees
and for the concept of expenses the amount of US $5,421.31 (five thousand four
hundred and twenty one dollars with thirty one cents), broken down as follows: US
$180.21 for expenses in notary services; US $213.67 for paperwork and office
expenses; US $869.74 mobilization expenses for meetings with the victims, and US
$4,157.69 for expenses regarding the public hearing held in the present case (supra
114
The Commission requested in its final written arguments that the Court order the State to:
[..]
b)
take all measures necessary to fight the structural impunity that affects the Guatemalan
justice system. In this sense, the State shall specifically implement measures destined to
avoiding the concealment of public officials involved in investigations regarding violations to
human rights;
c)
adopt all measures necessary to guarantee that in the processing of judicial proceedings
in Guatemala the factors of actual inequality of those who turn to the justice system be taken
into account, especially in the case of people of an indigenous origin, and
d)
adopt all measures necessary to avoid the military justice system from being in charge
of investigating and prosecuting violations of human rights committed by members of the police
force; that what has been established in legislative decree 41-96 be executed in all cases, and
that the investigation case files withheld by the military jurisdiction, including the one referred to
in the present case, be transferred immediately to the civil jurisdiction. […]
115
Cfr. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Reparations and Costs.
Judgment of May 25, 2001. Series C No. 76, para. 212, Case of Heliodoro Portugal v. Panama, supra note
17, para. 264; and Case of Bayarri v. Argentina, supra note 17, para. 188.
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