30
thousand nine hundred and nineteen United States dollars and thirty-eight cents) for the
“expenses CELS […] has incurred in the processing of the case under the Inter-American
system since 2000.” The available evidence relates, for the most part, to the expenses
incurred in the processing of the case before this Court. Lastly, the representatives asked
for US$ 2,000.00 (two thousand United States dollars) on account of “legal counseling and
representation” provided by CEJIL. No evidence of such expenses has been submitted.
131. The State requested that “in awarding possible costs, the acknowledgment of
international responsibility be taken into consideration.” In this regard, it quoted the
following paragraph of the Judgment of reparations and costs issued in the Case of
Aloeboetoe et al. v. Suriname:
In view of the foregoing and of the fact that Suriname has expressly accepted its international
responsibility and has not in any way hindered the proceedings for determining reparations, the Court
88
dismisses the Commission’s request for reimbursement of costs.
132. It is the Court’s view that such paragraph does not apply to the instant case. Indeed,
though the fact that Suriname had acknowledged its responsibility and refrained from
hindering the Inter-American proceedings were taken into consideration, these were not the
only elements assessed by the Court upon rendering said Judgment. Accordingly, in the
paragraphs preceding the one quoted by the State, the Court considered that the facts of
that case had been reported to the Commission fifteen days after their occurrence; that the
victims’ next of kin had not been put through protracted procedures to be able to submit the
case to the Commission, as the Commission took the case right away; that they had not
been forced to seek professional counseling; and that the expenses incurred by the
Commission in the processing of the case were funded out of the budget of the Organization
of American States. None of these elements are found in the instant case.
133. Based on the above considerations and the evidence submitted, the Court finds, on
equitable grounds, that the State is to pay US$ 10,000.00 (ten thousand United States
dollars) to Mr. Kimel as costs and expenses. Said sum includes any expenses Mr. Kimel may
be incurred in the future at the domestic level or in regarding monitoring compliance
herewith. Said sum shall be delivered to the victim within a period of one year as from the
date of notice of this Judgment. In turn, Mr. Kimel will deliver such amount as he may deem
appropriate to his representatives in the domestic proceedings and proceedings before the
Inter-American system, based on the assistance received therefrom.
E)
METHOD OF COMPLIANCE WITH THE PAYMENTS ORDERED
134. The compensation amounts and the amounts set as costs and expenses are to be
delivered directly to Mr. Kimel. Should he pass away before the relevant compensation is
settled, such compensation shall be paid to his heirs or beneficiaries, pursuant to the
applicable domestic legislation.89
135. The State shall comply with its obligations by tendering United States dollars or an
equivalent sum in Argentine legal tender, calculated at the rate of exchange prevailing
between the two currencies in the New York market, United States on the day before
payment is made.
88
Cf. Case of Aloeboetoe et al. v. Surinam. Reparations and Costs. Judgment of September 10, 1993. Series
C No. 15, para. 115.
89
Cf. Case of Myrna Mack-Chang v. Guatemala. Merits, Reparations and Costs. Judgment of November 25,
2003. Series C No. 101, para. 294; Case of Chaparro Alvarez y Lapo Iñíguez, supra note 17, para. 283, and Case
of Albán-Cornejo et al., supra note 75, para. 169.