95
300. Based on the above, the Court establishes, in equity, the sum of US$220,000.00
(two hundred and twenty thousand United States dollars) for pecuniary and non-pecuniary
damage. This sum must be distributed as follows: for Rosa Elvira Franco, the sum of
US$120,000.00 (one hundred and twenty thousand United States dollars), and for Leonel
Enrique Veliz Franco and José Roberto Franco, the sum of US$50,000.00 (fifty thousand
United States dollars) each.
G. Costs and expenses
G.1) Arguments of the representative and of the State
301. The representative indicated that two organizations, CEJIL and REDNOVI, have
represented the presumed victim and her next of kin. It indicated that ���CEJIL acted as their
representative […] as of 2005” and that, in exercise of this representation, incurred
expenses that included “travel, accommodation, communications, photocopies, stationery,
and the mailing of documents.” Consequently, it asked that, in equity, the Court establish a
sum of US$8,251.63 (eight thousand two hundred and fifty-one United States dollars and
sixty-three cents), and that this amount be reimbursed by the State directly to CEJIL.
302.
For its part, the representative alleged that REDNOVI:
Has been following up on the case since 2003 [and] since then has taken numerous steps to support
María Isabel’s family during the proceedings before the Commission, such as the periodic verification
of the judicial file, procedures, obtaining photocopies of documents, participation in meetings with
authorities, and expenses for the preparation of statements and the certification of documents.
In addition, “expenditure has been incurred for travel […] to Washington D.C. [… and] San
José.” The representative also indicated that “it does not have receipts for the expenditure
incurred” and, therefore, asked the Court to “establish, in equity, a sum of US$10,000.00
(ten thousand United States dollars).” It asked that “the amount relating to expenses
incurred by REDNOVI be reimbursed directly by the State to the Asociación Nuevos
Horizontes, a member organization of REDNOVI.”
303.
Lastly, it asked that:
An additional sum to the expenses described previously be paid for future expenses [including] those
related to compliance with the judgment; expenses that will be required by the proceedings of
monitoring compliance with the judgment; travel expenses to ensure compliance with the judgment
and, if applicable, expenses in Guatemala in order to verify compliance with the judgment.
304.
The State indicated that:
In view of the situation verified in this case in relation to the alteration of documents that contain
supposed expenses incurred for funeral services, the State would greatly appreciate it if [the Court]
would not condemning the State of Guatemala for the supposed expenses and costs of its opposing
party in these proceedings.
In particular, with regard to the amount requested for CEJIL, the State indicated that “it did
not accept payment of any of the expenses described because its participation in these
proceedings was voluntary [since] the petitioners were already represented by REDNOVI.”
Lastly, regarding the expenses incurred by REDNOVI, the State indicated that “it would not
be held responsible for expenses that have not been authenticated.”
G.2) Considerations of the Court
305. The Court reiterates that, according to its case law,367 costs and expenses are
included in the concept of reparation, because the activity deployed by the victims in order
to obtain justice, at both the national and international level, entails disbursements that
367
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs. Judgment of August 27, 1998.
Series C No. 39, para. 79, and Case of Liakat Ali Alibux, supra, para. 418.