59
people in their traditional territory. Such fund will serve to finance educational, housing,
agricultural, and health projects, as well as provide electricity and drinking water, if
necessary, for the benefit of the Saramaka people. The State must allocate said amount for
this development fund in accordance with paragraph 208 of the present Judgment.
202. An implementation committee composed of three members will be responsible for
designating how the projects will be implemented. The implementation committee shall be
composed of a representative appointed by the victims, a representative appointed by the
State, and another representative jointly appointed by the victims and the State. The
Committee shall consult with the Saramaka people before decisions are taken and
implemented. Furthermore, the members of the fund’s implementation committee must be
selected within six months from the notification of the present Judgment. Should the State
and the representatives fail to reach an agreement as to the members of the
implementation committee within six months after notice of the present Judgment, the
Court may convene a meeting to resolve the matter.
D)
COSTS AND EXPENSES
203. As previously noted by the Court, costs and expenses constitute part of the concept
of reparation under Article 63(1) of the American Convention.213
204. As such, the Court takes into account that the representatives incurred expenses
during the course of the domestic and international proceedings in this case. Consequently,
the representatives seek an award of all costs incurred in preparing and pursuing this case
domestically as well as before the Commission and the Court. They are not, however,
seeking reimbursement of attorney’s fees in this case, which they have waived. The
Association of Saramaka Authorities seeks reimbursement of costs and expenses incurred
during the period of 2000 through 2007 in the amount to US$ 108,770.27. In addition, the
representatives requested that the Forest Peoples Programme be awarded an equitable sum
of US$ 30,000.00 for their respective costs and expenses.
205. The State argued that there is no justification for an award of costs and expenses in
the present case. It further contested the receipts provided by the Association of Saramaka
Authorities and asserted that the inconsistencies found in said documentation preclude the
Court from reaching an equitable decision in this respect.
206. With regard to the request for an equitable award of US$ 30.000,00 (thirty thousand
United States dollars) on behalf of the Forest Peoples Programme for the costs they have
incurred in the present case, this Court considers that an equitable and reasonable award of
US$ 15.000,00 (fifteen thousand United States dollars) is consistent with amounts ordered
by this Tribunal in other cases with similar circumstances, and therefore orders the State to
pay said amount directly to the Forest Peoples Programme.
207. The Association of Saramaka Authorities, on the other hand, seeks reimbursement of
costs and expenses in the amount to US$ 108,770.27 and submitted receipts that
purportedly support said request. This Court has analyzed said receipts and has found
several problems with them. For example, the amounts stated in many of the receipts do
not correspond with that claimed by the Association. Additionally, many of the receipts
were illegible, or missing. The relationship between some of the receipts and the present
case is also questionable. Nevertheless, the Court is of the opinion that the Association has
213
Cf. Case of Garrido and Baigorria, supra note 207, para. 79, and Case of The “White Van” (Paniagua
Morales et al.), supra note 49, para. 212. Cf. also Case of La Cantuta, supra note 179, para. 243, and Case of the
Miguel Castro Castro Prison, supra note 8, para. 455.
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