48
expenses incurred by the parties, provided their quantum is reasonable.114
147.
In this way, the Tribunal notes that the contract entered into on April
29, 1993 by and between Carlos Blancas Bustamante Law Firm and the
Association of Discharged and Retired Employees binds the latter to the payment
of a "Fix Fee" of US$ 2.400 (two thousand four hundred dollars of the United
States of America) and a "Success Fee" of 10% of the sums to be restituted to
each employee as a result of a favorable decision rendered in each case ".
Furthermore, the Association undertook to “pay the expenses necessary for the
processing of the case". Likewise, the Tribunal notes that the contract entered
into by and between the Law Firm and the Association on May 21, 1999 binds the
Association to the payment of a "Fix Fee" of US$ 4.000 (four thousand dollars of
the United States of America) plus US$ 1.000 (one thousand dollars of the United
States of America) in the case it would be necessary to file an "”Extraordinary
Appeal” (appeal after judgment) before the Constitutional Court of Perú. At the
same time, it ratifies the undertakings of the contract entered into in the year
1993 regarding the payment of a “Success Fee” and the expenses incurred in the
processing of the case.
148.
Furthermore, the Court notes that the representative provide an
itemization of the expenses incurred by CEDAL as the result of its advisory and
legal activities in the proceeding instituted before the Inter-American system; but
no evidence to support such expenses has been tendered together with the brief
of pleadings and motions. In this sense, by means of letters to the Secretariat of
the Tribunal of March 11 and 30, 2009 and May 29, 2009, the representative was
requested to forward the receipts and evidence related to the costs and expenses
mentioned in Appendix 5 of the brief of pleadings and requests (supra paras. 10
and 11). On June 17, 2009 the representative indicated that it had sent a “list of
expenses” by post and on June 22 and 23, 2009 it presented the appendixes
mentioned in said communication by electronic mail. The Court established a time
limit until June 29, 2009 for the State and the Commission to present the
observations thereto. On June 30, 2009 the State presented the respective
observations, in which it objected to the amount requested by the representative
as reimbursement of costs and expenses. By the time of the delivery of this
Judgment, the Tribunal has still not received the observations of the Commission.
149.
Hence, the Tribunal considers that the itemization and other evidence
forwarded by the representative bear no connection to the instant case as to the
accommodation, transportation, and communication expenditure mentioned.115
Nevertheless, the Tribunal can verify that the representative incurred in expenses
related to the processing of this case before this Court, including the relocation of
lawyers and witnesses from Perú to the seat of the Court in San José of Costa
Rica.
150.
As a consequence, the Tribunal orders, in equity, the payment of US$
20.000 (twenty thousand dollars of the United States of America) to the
114
Cf. Case of Garrido and Baigorria V. Argentina. Reparations and Costs. Judgment of August
27, 1998. Series C No. 39, para. 82; Case of Valle Jaramillo et al. V. Colombia. Merits, Reparations
and Costs. Judgment of November 27, 2008. Series C No. 192, para. 243; and Case of Ticona Estrada
V. Bolivia. Merits, Reparations and Costs. Judgment of November 27, 2008. Series C No. 191, para.
179.
115
Cf. Case of Garrido and Baigorria, supra note 114, para. 80; Case of Kawas Fernández, supra
note 13, note 219; and Case of Perozo et al., supra note 13, para. 419.