with dignity, or sensitivity, everywhere I went they treated me as the criminal, as the one to blame for
having been raped, and I was a girl, the system did not protect me, it did not prevent it, it did not prevent
the sexual violence, and did not protect me once I had suffered it.335
226. However, this Court takes into account the will of the victim,336 expressed in the briefs
presented by the representatives, as well as in her statement at a public hearing, regarding her
desire that “anything that the government was going to give for health, for therapy, please give it to
the girls who are suffering right now,” and to “not seek[e] any kind of damages for herself and
instead […] focus the attention of the Court in the granting of measures of satisfaction and nonrepetition", for which the Court refrains from making any determination regarding measures of
rehabilitation and compensatory compensation.
227. Furthermore, regarding the other measures of satisfaction and guarantees of non-repetition
requested, the Court considers that the issuance of this judgment, and the other measures of
reparation ordered, are sufficient and appropriate to remedy the violations suffered by the victims.
Thus, it does not consider it necessary to order the additional measures requested by the
representatives.
F. Costs and expenses
228. The representatives indicated that the alleged victim would request reimbursement of the
expenses for local and international travel, and other expenses that may be incurred by her, her
witnesses, experts and representatives in relation to the hearing of the case. In their final written
arguments, they indicated that by virtue of the hearing having been held in a virtual format, “Brisa
does not request reimbursement of any costs or expenses.” For its part, the State noted that the
victim had only requested reimbursement for the travel expenses generated by a possible hearing in
the case, which is why it only requested that such expenses be taken into account, and not those
related to the payment of fees, for example. Subsequently, in its final written arguments, it stated
that the only requested expense “was not carried out” taking into account that the public hearing
was held virtually, for which it requested that “the State not be ordered to pay costs and expenses.”
229. As the Court has already pointed out on previous occasions,337 costs and expenses are part of
the concept of reparation, since the activity carried out by the victims in order to obtain justice, both
nationally and internationally, involves expenditures that must be compensated when the
international responsibility of the State is declared through a judgment. However, the Court notes
that the victim, through her representatives, expressly indicated that she was not requesting
reimbursement of any sum for costs and expenses. Therefore, the Court, as it has done in other
cases, considers that the costs and expenses of the litigation are not the subject of dispute and it is
not necessary for it to rule on this point.
IX
OPERATIVE PARAGRAPHS
230. Therefore,
THE COURT
DECIDES,
335
Cf. Statement of Brisa De Angulo Losada during the public hearing, supra.
Cf. Case of Gelman v. Uruguay. Merits and Reparations. Judgment of February 24, 2011. Series C No. 221, paras.
286 and 297.
336
337
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and Costs. Judgment of August 27, 1998. Series C No.
39, paras. 82, and Case of Aroca Palma et al. v. Ecuador, supra, para. 150.
69