that the costs referred to in Article 55(1)(h) of the Rules of Procedure include the
necessary and reasonable expenses that the victim or victims incur in order to have
access to the supervisory bodies of the American Convention, and among such
expenses are the fees of those who provide legal assistance. It is for the Court to
estimate prudently the scope of the costs and expenses, considering the
circumstances of the specific case, the nature of the international jurisdiction for the
protection of human rights, and the characteristics of the respective procedure,
which has particularities that are specific and different from those of other
procedures of a national or international nature77.
127. This Court has already indicated that the concept of costs includes both the
costs corresponding to access to justice at the national level and also those relating
to justice at the international level before the Commission and the Court78.
128. The quantum for this item may be established, and this has been done in
previous cases, based on the principle of fairness, even in the absence of elements of
evidence regarding the precise amount of the expenses in which the parties have
incurred, provided that the amounts respond to criteria of reasonableness and
proportionality79.
129. To this end, the Court considers that it is fair to recognize to Gladys Oroza de
Solón Romero, the victim’s mother, as reimbursement for the expenses generated in
the domestic jurisdiction and in the inter-American jurisdiction, the amount of
US$5,400.00 (five thousand four hundred United States dollars) and the amount of
US$4,000.00 (four thousand United States dollars) to CEJIL, the representative of
the victim and his next of kin.
X
METHOD OF COMPLIANCE
Arguments of the representatives of the victim and his next of kin
130. The representatives of the victim and his next of kin requested the Court to
order the State:
a)
to comply with the reparations, costs and expenses within six months
of notification of the judgment on reparations; and
b)
that the payment of the compensation should be made directly to the
victims or their adult next of kin or their heirs; that it should be in United
States dollars, or in an equivalent cash amount, in Bolivian national currency
– using the exchange rate between the Bolivian national currency and the
United States dollar on the day preceding payment; that it should be exempt
of any current or future tax; and that, should the State fall into arrears with
77
cf. Cantoral Benavides case. Reparations, supra note 3, para. 85; Cesti Hurtado case.
Reparations, supra note 3, para. 71; and The “Street Children” case (Villagrán Morales et al.).
Reparations, supra note 3, para. 107.
78
cf. Cantoral Benavides case. Reparations, supra note 3, para. 86; the case of the Mayagna
(Sumo) Awas Tingni Community, supra note 5, para. 168; and Cesti Hurtado case. Reparations, supra
note 3, para. 72.
79
The “White Van” case (Paniagua Morales et al.), supra note 4, para. 213. Similarly, cf. Cantoral
Benavides case. Reparations, supra note 3, para. 87; the case of the Mayagna (Sumo) Awas Tingni
Community, supra note 5, para. 169; and Cesti Hurtado case. Reparations, supra note 3, para. 73.