20,000,000 CFA F
that is, 5,000,000 per family would be a fair remuneration for the
lawyers of the victims”.
79. In the opinion of the Court, the reparation paid to victims of human rights violation
may also include the reimbursement of lawyers’ fees.
This was the position held by the
Court in the afore-cited case of Rev. Mtkila v. United Republic of Tanzania:
“The Court notes that expenses and costs form part of the concept of ‘reparations’. Therefore,
where the international responsibility of a State is established in a declaratory judgment, the Court
may order the State to compensate the victim for expenditure and costs incurred in his or her
efforts to obtain justice at the national and international levels"**
80. This position is consistent with that of other international human rights jurisdictions.
The Inter-American Court of Human Rights, for example, expressed this position in the
following terms:
“_..costs and expenses are included in the concept of reparations ... because the activity deployed
by the next-of-kin of the victims or their representatives in order to obtain justice at both the
national and the international level entails expenditure that must be compensated when the
State's international responsibility is declared in a judgment against it."2°
81. In determining the amount to be paid in the matter of Rev. Mtkila mentioned above,
the Court has held that in the opinion of the Court, the reparation paid to victims of human
rights violation may also include the reimbursement of lawyers’ fees.*°
28 Judgment of 13 June 2014, para 39
22 JACHR: Goiburu and Others.
Costs), para. 180: “...costs and
deployed by the next of kin of
national and the international
v. Paraguay, Judgment of 22 September 2006 (Merits, Reparations and
expenses are included in the concept of reparations... because the activity
the victims or their representatives in order to obtain justice at both the
level entails expenditure that must be compensated when the State's
international responsibility is declared in a judgment against it". See also: ACHR: Caballero-Deigado
and Santana v. Colombia, (Merits), Judgment of 8 December 1995), para 71; ACHR:
Garrido and Baigorria
v. Argentina (Reparations and Costs), Judgment of 27 August 1998, para. 79: “Costs are one element to
be considered under the concept of reparations to which Article 63(1) of the Convention refers since they
are a natural consequence of the effort made by the victim, his or her beneficiaries, or representatives to
obtain a court settlement recognizing the violation committed and establishing its legal consequences’;
IACHR: Loayza Tomayo v. Peru, (Reparations and Costs) Judgment of 27 November 1998, para
176; IACHR : Cesti Hurtado v. Peru (Reparations and Costs) Judgment of 31 May 2001, para. 72.
3° Mtikila v. United Republic of Tanzania, Judgment of 13 June 2014, para 40
26