100
179. As indicated with regard to the nature of the penal definitions of torture and
forced disappearance of persons contained in the Paraguayan Penal Code in force
(supra paras. 91 to 93) and bearing in mind the State’s obligations arising from the
Inter-American Convention to Prevent and Punish Torture, the Inter-American
Convention on Forced Disappearance of Persons, and Article 2 of the American
Convention, the Court deems it pertinent to order the State, as a guarantee of nonrepetition of the facts of the case, to adapt, within a reasonable time, the definition
of the offenses of “forced disappearance” and torture contained in articles 236 and
309 of the current Penal Code to the applicable provisions of international human
rights law.
E)
COSTS AND EXPENSES
180. As the Court has indicated previously, costs and expenses are included in the
concept of reparations embodied in Article 63(1) of the American Convention,
because the activity deployed by the next of kin of the victims or their
representatives in order to obtain justice at both the national and the international
level entails expenditure that must be compensated when the State’s international
responsibility is declared in a judgment against it. Regarding their reimbursement,
the Court must prudently assess their scope, which includes the expenses arising
before the authorities of the domestic jurisdiction, and those generated during the
proceedings before the inter-American system, bearing in mind the circumstances of
the specific case and the nature of the international jurisdiction for the protection of
human rights. This assessment may be based on the principle of equity and taking
into account the expenses indicated by the parties, provided the quantum is
reasonable.112
181. The Court takes into account that some of the next of kin of Agustín Goiburú
Giménez, Carlos José Mancuello Bareiro, and Rodolfo and Benjamín Ramírez Villalba
acted through representatives, at both the domestic level and before the Commission
and the Court. In the instant case, it has been established that some of the next of
kin have testified in the criminal proceedings and have become complainants in
these proceedings.
182. It is also necessary to bear in mind that the representatives of the victims’
next of kin did not submit their requests, arguments and evidence autonomously,
even though they had the opportunity to do so. Consequently, their participation in
the proceedings before the Court was limited to some assistance provided to the
Commission when taking the sworn statements that had been requested and the
submission of final written arguments. Also, although the representatives requested
the reimbursement of costs and expenses, they did not submit any documentation to
the Court to authenticate these.
183. Based on the above, the Court considers it equitable to order the State to
reimburse the amount of US$10,000.00 (ten thousand United States dollars) or the
equivalent in Paraguayan currency, to Elva Elisa Benítez de Goiburú, Ana Arminda
Bareiro de Mancuello and Julio Darío Ramírez Villalba, who shall deliver the amount
of US$8,000.00 (eight thousand United States dollars) or the equivalent in
Paraguayan currency, to the Comité de Iglesias para Ayudas de Emergencias (CIPAE)
112
Cf. Case of Montero-Aranguren et al. (Detention Center of Catia), supra note 3, para. 152; Case
of Ximenes Lopes, supra note 8, para. 252, and Case of the Ituango Massacres, supra note 1, para. 414.
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