148. Regarding non-pecuniary damages, given the human rights violations established in this
judgment, the suffering caused, the time that has elapsed and the impact on the life project
of each of the victims, the Court establishes the corresponding compensation in equity. The
Court therefore orders the State to make a payment of USD 80,000.00 (eighty thousand
United States dollars) to Joffre Aroca Palma. His parents should be the ones to receive this
payment, but since both have passed away, the money shall be paid, in equal parts, to their
children Cynthia Aroca Palma and Ronald Aroca Palma.
149. In view of the violations proven as a result of Joffre Aroca’s death, the Court establishes,
in equity, the sum of USD 20,000.00 (twenty thousand United States dollars) for each of the
following members of Joffre Aroca Palma’s family: Winston Joffre Aroca Melgar, father; Perla
Palma Sánchez, mother; Cynthia Aroca Palma, sister; Ronald Aroca Palma, brother; Amalia
Melgar Solórzano, paternal grandmother, and Amalia Antonieta Aroca Melgar, paternal aunt.
Since Mr. Aroca Palma’s parents have died, the compensation to which they would be entitled
shall be paid, in equal parts, to their children Cynthia Aroca Palma and Ronald Aroca Palma,
Joffre Aroca’s siblings.
G. Costs and expenses
150. The Court recalls that, based on its case law, costs and expenses form part of the concept
of reparation, because the activities carried out by the victims in order to obtain justice, both
at the national and the international level, entail disbursements that must be compensated
when the State’s international responsibility is declared in a judgment. Regarding the
reimbursement of costs and expenses, it is for the Court to prudently assess their scope, which
includes the expenses generated before the authorities of the domestic jurisdiction and those
incurred during the proceedings before the inter-American system, taking into account the
circumstances of the specific case and the nature of the international jurisdiction for the
protection of human rights. This assessment may be made based on the equity principle and
taking into account the expenses indicated by the parties, provided their quantum is
reasonable. 103
151. In the instant case, the file contains no supporting documentary evidence at all regarding
the victims’ costs and expenses. However, the Court deems it reasonable to assume that
financial expenditures were indeed incurred in pursuing legal proceedings of this kind. It
therefore decides that the State shall pay the sum of USD 5,000.00 (five thousand United
States dollars) to the representative, attorney Gabriel Palacios Verdesoto.
H. Method of compliance with the payments ordered
152. The State shall pay the amounts set as compensation for pecuniary and non-pecuniary
damages and costs established in this judgment directly to the persons identified, within one
year of notification of this judgment. This does not rule out the State making the payments
sooner. In the event that the beneficiaries die before they receive their compensation, it shall
be paid directly to their heirs, in accordance with applicable domestic law.
153. The State shall fulfill its monetary obligations by means of payments in United States
dollars.
154. If, for reasons attributable to the beneficiaries of the compensation or their heirs, it
should prove impossible to pay the amounts established within the specified time, the State
shall deposit the monies in their favor in an account or a certificate of deposit in a solvent
103
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs. Judgment of August 27, 1998. Series C
No. 39, para. 82, and Case of Pavez Pavez v. Chile. Merits, reparations and costs. Judgment of February 4, 2022.
Series C No. 449, para. 200.
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