45
164. Given that to the date of issuance of this Judgment the Court has not been
informed of any amendment to Laws No. 569/75 (“Compulsory Military Service”) and
123/52 (regarding CIMEFOR), the State should be ordered to modify its domestic
legislation regarding the recruitment of minors under the age of 18 into the
Paraguayan Armed Forces, pursuant to applicable international standards.
E)
COSTS AND EXPENSES
165. As the Court has stated on previous occasions,86 costs and expenses are
contemplated within the concept of reparations as enshrined in Article 63(1) of the
American Convention, inasmuch as the steps taken by the victims to obtain justice at
the domestic and international level, which lead to expenses that must be
compensated when the State’s international responsibility has been determined in a
judgment of conviction. As regards to their reimbursement, the Court must
thoroughly assess its extent, which includes the expenses incurred upon acting
before domestic authorities, as well as those incurred in the course of proceedings
before the Inter-American System, taking into account the particular circumstances
of the specific case and the nature of the international jurisdiction for human right
protection. Such assessment may be made based on equitable grounds.
166. It has been proven in the instant case that the relatives of the minor VargasAreco, SERPAJ PY and CEJIL, carried out activities at the national and international
level with the aim of knowing the truth about the facts and obtaining justice. The
Court finds that the State must grant a compensation for the direct disbursements
made by the victim’s parents and the representatives, provided said disbursements
have a direct cause-effect connection with the illegal acts of the instant case, based
on the State’s international liability for the wrongful acts declared in this Judgment.
167. The Court finds that the evidence on the records of the case is not adequate
to determine with accuracy the expenses incurred by the relatives of the minor
Gerardo Vargas-Areco as a result of proceedings. Based on the specific
circumstances of the case and taking into account the efforts made by the relatives
of the minor Gerardo Vargas-Areco, as well as SERPAJ PY and CEJIL, to find justice
both in the domestic and international jurisdiction, the Court has decided to order
payment of a compensation for costs and expenses in the amount of US$ 8,000.00
(eight thousand United States dollars) or its equivalent in Paraguayan currency. Said
amount must be delivered to the parents of Gerardo Vargas-Areco, collectively, who
will submit to SERPAK PY and CEJIL the amounts deemed appropriate, pursuant to
any express or implied agreement between the parties, in order to compensate the
expenses made before authorities within the domestic jurisdiction and during
proceedings before the Inter-American System.
XI
METHOD OF COMPLIANCE
168. The State shall pay the compensations for pecuniary and non-pecuniary
damage, and reimburse the costs and expenses incurred (supra para. 148, 151, and
167) within one year following notice of this Judgment. Furthermore, the State shall
86
Cf. Case of Montero-Aranguren et al. (Detention Center of Catia), supra note 4, para. 152; Case
of Ximenes-Lopes, supra note 3, para. 252; and Case of the Ituango Massacres, supra note 3, para. 414.
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