94 193. As this Court has pointed out before,185 legal costs and expenses are included under the concept of reparations embodied in Article 63(1) of the American Convention, because the activities carried out by the next of kin of the victim to establish his whereabouts and, subsequently, to attain justice both at the domestic and the international levels entail expenses which must be compensated for when the State is found to be internationally responsible, by means of a condemnatory judgment. With respect to their reimbursement, the Court must judiciously assess their scope, which encompasses the expenses incurred before the authorities of the domestic jurisdiction as well as those incurred in the proceedings before the interAmerican system, bearing in mind the circumstances of the specific case, the nature of international jurisdiction for protection of human rights.186 This assessment must be based on the principle of fairness and take into account the expenses stated by the parties, insofar as their quantum is reasonable.187 194. To this end, the Court deems it equitable to order payment of total sum of US$16,000.00 (sixteen thousand United States dollars) for legal costs and expenses incurred by the representatives of the victim in the domestic proceedings and in the international proceedings before the inter-American system for protection of human rights. The respective payment must be distributed as follows: a) US$14,000.00 (fourteen thousand United States dollars) to COFADEH; and b) US$2,000.00 (two thousand United States dollars) to CEJIL. 195. As a consequence of the existing impunity in the instant case and of the reparation ordered by this Court to further the judicial investigations to establish the truth regarding what happened to Juan Humberto Sánchez and to punish those responsible, it will be necessary for the next of kin of the victim to incur expenses in the domestic system, for which reason the Court, in fairness, grants the sum of US$3,000.00 (three thousand United States dollars) to be distributed in equal parts between María Dominga Sánchez and Juan José Vijil Hernández. XVII METHOD OF COMPLIANCE 196. To comply with the instant Judgment, the State must pay the compensations and the reimbursement of costs and expenses within six months of the date of notification of the instant Judgment. 197. The State can comply with its pecuniary obligations by payment in United States dollars or an equivalent amount in Honduran lempiras, using for this calculation the exchange rate between the two currencies at the New York exchange in the United States of America, the day before the payment. 198. Payment of the amount for pecuniary and non-pecuniary damage as well as for legal costs and expenses set forth in the instant Judgment can be subject neither 185 Las Palmeras Case, Reparations, supra note 4, para. 82; El Caracazo Case, Reparations, supra note 4, para. 130; and Trujillo Oroza Case, Reparations, supra note 22, para. 126. 186 “Five Pensioners” Case, supra note 3, para. 181, Cantos Case, supra note 5, para. 72; and Las Palmeras Case, Reparations, supra note 4, para. 83. 187 “Five Pensioners” Case, supra note 3, para. 181, Cantos Case, supra note 5, para. 72; and El Caracazo Case,Reparations, supra note 4, para. 131.

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos