48
201. Regarding Vanessa Cantoral-Contreras and Brenda Cantoral-Contreras, the Court
notes that since August 2004 and February 2006, respectively, they have been receiving
psychotherapeutic treatment in the Lima Center for Psychosocial Care (CAPS),145 a nongovernmental organization affiliated to the Peruvian National Human Rights Coordinator,
which provides psychological care to those affected by political violence. The expert
psychological opinion given in the instant case stated that “it is extremely important that
Vanessa continue her therapy, in this regard.”146 The expert psychological opinion also
indicated that “since the exhumation of her father’s body and the Court’s hearings [Vanessa
Cantoral-Contreras has] once again begun to suffer from insomnia […] she says that she
does not want anything and feels lost.”147
202. The Court takes into consideration the reference in the expert testimony to the
importance that Brenda and Vanessa continue to receive psychological treatment. In this
regard, and taking into account the particular nature of psychological care, which implies
the establishment of a relationship of trust between the psychologist and the patient, the
sudden rupture of which could negatively affect the treatment and the results for the
patient, the Court considers that, if Vanessa and Brenda Cantoral-Contreras wish, the State
must provide the continuation of their current psychological treatment in the conditions in
which they are receiving it at the date of this judgment, for the necessary time. In case
they wish otherwise, they should receive the same psychological treatment as that provided
to the other family members, according to the provisions of paragraph 200 of this
Judgment.
E) Costs and expenses
203. As the Court has indicated on previous occasions, costs and expenses are included in
the concept of reparation embodied in Article 63(1) of the American Convention.148
204. The Court takes into account that the representatives of the victims incurred
expenses during the domestic and the international proceedings in this case. The
representatives requested that the Court, “when taking a decision on this item, consider the
costs of legal advice and the expenses related to the lawyer’s participation in the hearing
[…], which included not only traveling to the seat of the Court, and the board and lodging of
the lawyers [who intervened before the Court], but also the fees of [one of them].” The
State indicated that “it will accept the reasonable expenses and costs that are authenticated
before the Court and that are directly and necessarily related to the legal representation in
the case.”
205. Even though, in this case, the representatives have not forwarded the Court any
evidence to support their claims regarding costs and expenses, the Court considers, in
equity, that the State should pay the sum of US$10,000.00 (ten thousand United States
145
Cf. certification of Vanessa Cantoral-Contreras’ appointments at the Center for Psycho-social Care, issued
on April 17, 2006 (file of appendixes to the brief with requests and arguments, page 713); and certification of
Brenda Cantoral-Contreras’ appointments at the Center for Psycho-social Care issued on April 17, 2006 (file of
appendixes to the brief with requests and arguments, page 714).
146
Cf. Expert psychological report provided by Roberto Alfonso Gushiken-Miyagui on January 11, 2007 (file of
preliminary exception, merits, reparations and costs, page 429).
147
Cf. Expert psychological report provided by Roberto Alfonso Gushiken Miyagui on January 11, 2007 (file of
preliminary exception, merits, reparations and costs, pages 429 and 430).
148
Cf. Case of Garrido and Baigorria v. Argentina. Reparations (Art 63(1) American Convention on Human
Rights). Judgment of August 27, 1998. Series C No. 39, para. 79; Case of the “White Van” (Paniagua Morales et
al.) v. Guatemala. Reparations (Art 63(1) American Convention on Human Rights). Judgment of May 25, 2001.
Series C No. 76, para. 212. Cf. also Case of Bueno-Alves v. Argentina, supra note 8, para. 216; Case of the
Rochela Massacre v. Colombia, supra note 8, para. 304; and Case of La Cantuta v. Peru, supra note 8, para. 243.
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