102
corresponding to the violation of the right to property, private and family life and home, and has
established a measure of restitution in that regard. Therefore, the Court considers that it is not
appropriate to make any determination on this point beyond what has already been established.
343. The Court considers, as it has done in other cases of forced disappearances, 380 that in this
case, in which the whereabouts of the victims are unknown, it is possible to apply the criteria of
compensation for the victims’ loss of income, which includes the income that they would have
received during their probable lifetime. In this regard, given that seven of the victims of forced
disappearance were between 8 months and 6 years of age, the Court does not have elements to
measure the loss of income or the damage to a life project. However, taking into account the
victims’ ages at the time of their disappearance, the evidence in the case file and the principle of
equity, the Court decides to establish the following amounts:
a) US$ 50,000.00 (fifty thousand United States dollars) for loss of income for each of the
victims of forced disappearance who were adults at the time of the events: Antonia Hilario Quispe,
Magdalena Hilario Quispe, Mercedes Carhuapoma de la Cruz, Dionicia Guillén Riveros, Ramón
Hilario Morán and Elihoref Huamaní Vergara.
b) US$ 20,000.00 (twenty thousand United States dollars) for loss of income for each of the
victims of forced disappearance who were adults aged 59 to 60 at the time of the events: Francisco
Hilario Torres and Dionicia Quispe Mallqui.
c) US$ 20,000.00 (twenty thousand United States dollars) for loss of income for each of the
victims of forced disappearance who were children at the time of the events: Yesenia Osnayo
Hilario, Miriam Osnayo Hilario, Edith Osnayo Hilario, Wilmer Hilario Carhuapoma, Alex Jorge
Hilario, Raúl Hilario Guillén, Héctor Hilario Guillén.
344. The amounts ordered in favor of the persons indicated in the preceding paragraph must be
paid to their next of kin within one year, in accordance with the criteria established in paragraph
339 of this judgment.
E. Costs and expenses
Arguments of the parties and the Commission
345. The Commission did not present arguments in this regard. The representatives
requested, with respect to the Asociación Paz y Esperanza, that the State be ordered to pay the
sum of USD $160,507.00 for the expenses incurred in the legal representation of the next of kin
during the domestic and international judicial proceedings over the course of 22 years. Said
expenses would include investigation and evidence gathering, notarization of documents,
preparation of legal briefs, and travel expenses to various government agencies in the country in
order to conduct the litigation of the case before that international body. Likewise, for expenses
related to attendance at the public hearing of the case in Costa Rica, they requested the sum of
USD $2,021.77. In the case of the Center for Justice and International Law (CEJIL), they indicated
that said organization had joined the litigation of the case in the international proceedings and had
acted as a representative since the processing of the case before the Commission. They indicated
that in order to carry out this work, CEJIL had incurred expenses that included travel, hotel
accommodation, communications, photocopies, stationery and mailing expenses, as well as time
dedicated to legal work specifically related to the case and the investigation, such as the
compilation and presentation of evidence, including interviews and preparation of briefs. They
asked the Court to set in equity the sum of USD $4,095.56, as well as the reimbursement of USD
380
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, supra, paras. 46 and 47, and Case of Chitay
Nech et al. v. Guatemala, supra, para. 269.