65
204. With regard to the request for the transfer of the body of Pablo Corado
Barrientos, on many occasions this Court has indicated that the next of kin have the
right to know the whereabouts of the remains of a loved one and has established
that this “represents a fair expectation that the State must satisfy insofar as
possible”49. Accordingly, this Court considers that Guatemala must provide the
necessary conditions to transfer the mortal remains of the victim to the place chosen
by his next of kin, at no cost to them.
XI
COSTS AND EXPENSES
The arguments of the victims
205. In the instant case, some of the next of kin of the victims were represented or
received legal assistance from private lawyers during their participation in the
reparations stage before the Court (supra 87.2.2, 87.4.2, 87.5.2, 87.6.2, 87.7 and
87.8.c).
206. In this respect, the next of kin of Anna Elizabeth Paniagua Morales, Oscar
Vásquez and Manuel de Jesús González López were represented in the interAmerican jurisdiction by the lawyer, Mark Martel, who requested payment of
US$30,000.00 (thirty thousand United States dollars) as compensation for legal
expenses and fees resulting from this case.
207. Also, the next of kin of Erick Leonardo Chinchilla and Pablo Corado Barrientos
had the legal assistance of the lawyer, René Argueta Beltrán, during part of this
stage and estimated at US$15,000.00 (fifteen thousand United States dollars) the
amount corresponding to the advice received by each family.
208. Mr. González Najarro, father of William Otilio González Rivera, also received
legal assistance from the lawyer, Avilio Carrillo Martínez, during part of this stage;
however, he does not mention this item in his brief on reparations.
209. The next of kin of Julián Salomón Gómez Ayala indicated in their brief that
they had not received the professional services of a lawyer and did not refer to any
other type of legal expenses.
The Commission’s arguments
210. In its application, the Commission requested the Court to order the State to
pay any reasonable costs and expenses that the victims and their next of kin had
incurred in order to process this case before the domestic jurisdiction and before the
organs of the regional system, and also lawyer’s fees for their legal representation.
This petition was repeated in its briefs on reparations, in which the Commission
endorsed the calculations indicated by the next of kin of the victims and considered
that the victims, their next of kin and lawyers should not have to absorb expenses to
“make justice effective when this has been denied by the State.”
49
Cf. Neira Alegría et al. case, Reparations, supra note 19, para. 69; and Aloeboetoe et al. case,
Reparations, supra note 19, para. 109.
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