24
With respect to the expenses incurred by Marco Antonio Molina Theissen’s next of kin
processing the case under domestic venue
37(13) The victim’s next of kin incurred a number of expenses in connection
with the various steps they took, as a consequence of the facts, before
numerous domestic institutions, such as prisons, military bases, hospitals,
non-governmental organizations, government institutions in general, as well
as publishing ads in the press, seeking Marco Antonio Molina Theissen. The
next of kin also incurred expenses in connection with judicial proceedings.33
With respect to representation of Marco Antonio Molina Theissen and his next of kin
before the Inter-American system for protection of human rights and the expenses in
connection with their representation
37(14 The victim and his next of kin have been represented by the Center for
Justice and International Law in steps taken before the Commission and
before the Court, and that Center has incurred a number of expenses in
connection with said steps.34
VII
REPARATIONS
(APPLICATION OF ARTICLE 63(1) OF THE CONVENTION)
38.
In accordance with the judgment on the merits issued by the Court on May 4,
2004, the rights set forth in Articles 4(1), 5(1) and 5(2), 7, 8, 17, 19 and 25 of the
American Convention were breached to the detriment of Marco Antonio Molina
Theissen, and the rights set forth in Articles 5(1) and 5(2), 8, 17 and 25 of the
American Convention were abridged to the detriment of his next of kin. The Court
also found that the State failed to comply with the obligations set forth in Articles
1(1) and 2 of the Convention and in Articles I and II of the Inter-American
Convention on Forced Disappearance of Persons.
33
See Case of Molina Theissen. May 4, 2004 Judgment. Series C No. 106, paras. 40(14) to 40(19);
open letter to Marco Antonio Molina Theissen published by his next of kin in a Costa Rican daily on October
6, 1987 (file with annexes to the application by the Inter-American Commission on Human Rights, Annex
7, leaf 615); habeas corpus remedy filed in favor of Marco Antonio Molina Theissen by Mario Alcides
Polanco before the Supreme Court of Justice on July 9, 1997 (file with annexes to the application by the
Inter-American Commission on Human Rights, Annex 5, leaves 608 to 609); habeas corpus remedy filed
in favor of Marco Antonio Molina Theissen by Emma Theissen Álvarez Vda. de Molina, Ana Lucrecia Molina
Theissen, Emma Guadalupe Molina Theissen, María Eugenia Molina Theissen and Mario Alcides Polanco on
August 11, 1997 before the Supreme Court of Justice (file with annexes to the application by the InterAmerican Commission on Human Rights, Annex 5, leaves 610 to 611); special inquiry procedure filed in
favor of Marco Antonio Molina Theissen by Mario Alcides Polanco before the Supreme Court of Justice on
January 20, 1998 (file with annexes to the application by the Inter-American Commission on Human
Rights, Annex 11, leaves 619 to 620); request for correction of mistake regarding the date of the habeas
corpus remedy filed on March 16, 1998 (file with annexes to the application by the Inter-American
Commission on Human Rights, Annex 12, leaves 621 to 622); steps taken during the special inquiry
proceeding begun before the Criminal Chamber of the Supreme Court of Justice (file with annexes to the
application by the Inter-American Commission on Human Rights, Annex 14, leaves 625 to 735); and
testimony of Emma Theissen Álvarez Vda. de Molina rendered before the Court on April 26, 2004.
34
See documentation regarding the expenses incurred by CEJIL (file with annexes to the brief
containing pleadings, motions, and evidence of the representatives of the victim and his next of kin,
Annex 10, leaves 857 to 876).
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