258. The State argued that, should the Court determine that violations were
indeed committed, “the facts of this case would not, for any reason, warrant nonpecuniary damages subject to reparation by means of a sum of money.” The State
held that “it does not deny the petitioners’ commendable efforts in protecting the
environment, but pointed out that this matter is in now way under consideration in
this case.”
259. The victims were carrying out activities on behalf of the OCESP, an
organization of which Mr. Montiel Flores was a founding member. In his statement
before a notary public, Mr. Cabrera García pointed out that OCESP consisted of
around 45 people, and that they always met “[m]ainly […] to stop trucks carrying
timber illegally, without a permit.” 356 At the public hearing held in this case, Mr.
Montiel Flores also stated that “[since] 1995, [when a] foreign company […] came
to Guerrero […] for excessive [timber] exploitation, [they] realized that this was a
risk for all the region’s inhabitants and […] then beg[an] to get organiz[ed].” 357
260. International case law has repeatedly held that a judgment per se
constitutes a form of reparation. 358 However, considering the circumstances of this
case, the suffering caused to the victims of the violations and the denial of justice,
together with the changes in their living conditions, and the other non-pecuniary
consequences, the Court deems it appropriate to award compensation, in equity,
for non-pecuniary damages. 359
261. Accordingly, the Court deems it appropriate to set, in equity, the sum of
US$ 20,000.00 (twenty thousand dollars of the United States of America) in favor
of each of the victims in this case, as compensation for non-pecuniary damage.
E. Legal Costs and Expenses
262. As the Court has stated in previous cases, costs and expenses are included
within the concept of reparation under Article 63(1) of the American Convention. 360
263. The Commission requested “the payment of reasonable and necessary costs
and expenses, duly proven, which have arisen and continue to arise in the
processing of this case.”
264. The representatives requested that the Court order the State to pay the
following amounts: i) in favor of CEJIL, US$ 25,012.37 (twenty-five thousand and
twelve dollars and thirty-seven cents of the United States of America) for expenses
incurred since 2001 and up until the presentation of the brief of pleadings and
motions, and US$ 17,803.72 (seventeen thousand, eight hundred and three dollars
and seventy-two cents of the United States of America) for expenses incurred after
356
Cf. Statement rendered by Mr. Teodoro Cabrera García by affidavit, supra note 147, page 1192.
357
Cf. Statement rendered by Mr. Rodolfo Montiel Flores at the public hearing, supra note 177.
358
Cf. Case of Neira Alegría et al. v. Peru. Reparations and Costs. Judgment of September 19,
1996. Series C No. 29, para. 56; Case of Rosendo Cantú et al. V. Mexico, supra note 30, para. 278; and
Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia, supra note 30, para. 282.
359
Cf. Case of Neira Alegría et al. v. Peru. Reparations and Costs, supra note 358 para. 56; Case
of Rosendo Cantú et al. v. Mexico, supra note 30, para. 278; and Case of Ibsen Cárdenas and Ibsen
Peña v. Bolivia, supra note 30, para. 282.
360
Cf. Case of Garrido and Baigorria v. Argentina, supra note 313, para. 79; Case of Rosendo
Cantú et al. v. Mexico, supra note 30, para. 280; Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia,
supra note 30, para. 284.
92
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