115
282. Furthermore, and as it has been ordered in prior cases,198 the Court considers
that the State must publish, as a measure of satisfaction, within a term of six months
running as from service of notice of this Judgment, at least once, in the Official Gazette
and in another nationwide newspaper in Peru, the sections “Proven Facts” without the
corresponding footnotes (supra paras. 97(1) to 97(140)), as well as the operative
paragraphs of this Judgment (infra para. 297.)
E) COSTS AND EXPENSES
Arguments of the Commission
283. As regards the costs and expenses, the Commission pointed out that the Court,
after hearing the alleged victims and their representatives, must make the pertinent
decision.
Arguments of the representatives
284. As regards the determination of costs and expenses, the representatives
pointed out the following:
a)
“Several expenses had to be incurred in order to provide for the defense
of the alleged victims in the criminal trials conducted against [them] for the crime
of terrorism before the Peruvian courts; such expenses consisted of attorneys’
fees, expenses for domestic judicial and penitentiary steps that had to be taken,
as well as expenses related to the proceedings started before the international
courts;”
b)
The steps taken at the domestic level comprised, among others, “the
filing of pleadings, motions, and appeals; the transportation of [their] next of kin
and attorneys, among other persons, to various public offices; the taking of
photocopies; the drafting and submission of communications addressed to the
Executive and Legislative Powers, to the Office of the Public Prosecutor, and to
the directors of penitentiary centers. All these expenses were borne by [the
alleged victims] and [their] next of kin;”
c)
Their legal representative, Carolina Loayza, since 2001 has made several
presentations before the Inter-American Commission on Human Rights and the
Inter-American Court of Human Rights, which also generated expenses. She had
to travel to take part in hearings called by the Inter-American Commission and
the Inter-American Court; and she made visits to the penitentiary center;
d)
“Said expenses must be reimbursed to [the] [alleged victims’] next of
kin and [their] legal representative, Attorney Carolina Loayza, pursuant to her
contribution to their legal defense;”
198
Cf. Case of the “Mapiripán Massacre”, supra note 2, para. 318; Case of Raxcacó-Reyes, supra note
10, para. 136; and Case of Gutiérrez-Soler, supra note 6, para. 105.
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