23
95.
The Commission requested that the Court order the State to pay the
expenses resulting from the representation of Mr. Suárez Rosero.
96.
During the public hearing, the State offered to make a payment of US$
3,694.80 (three thousand, six hundred ninety-four dollars of the United States of
America and eighty cents) for the costs and expenses of Richard Wilson, an attorney
affiliated with American University, and US$ 3,200.00 (three thousand two hundred
dollars of the United States of America) to Alejandro Ponce, both of whom have been
described in subparagraphs (a) and (b) of paragraph 94. With respect to the request
made subsequently by Mr. Rafael Iván Suárez Rosero for the reimbursement of
additional expenses for the reparations stage (supra 27), the State did not make any
statement.
97.
The Court has ordered the payment of costs and expenses incurred in the
course of the proceedings before the Inter-American system when the quantum is
reasonable. Moreover, its recent practice has been to estimate those amounts “on
an equitable basis, and consider the ‘sufficient connection’ that must exist between
those costs and the results achieved.” (Garrido and Baigorria, Reparations, supra 40,
para. 82; cfr. Eur. Court H.R., Brincat v. Italy, Judgment of 26 November, 1992,
Series A no. 249-A.
98.
The Court observes that, in this case, the State has considered the amounts
requested by Mr. Suárez Rosero to cover the expenses resulting from the merits
stage before the Court to be reasonable
99.
In cases in which the victim cannot provide receipts or other sufficient
evidence to determine the actual amount of expenses, the Court discretionary
authority to estimate their amount within reasonable limits, given the circumstances
of the case. This discretionary power allows the Count to consider factors such as
the duration and complexity of the case in its determination of the reasonableness of
the amounts. (cfr. Eur. Ct. H. R., Konig Judgment of 10 March 1980, Series. A No.
36, para. 24; see also Eur. Ct. H. R., Bozano Judgment of 2 December 1987, Series
A No. 124-F).
100. Given the practice of the Court and its discretion to consider the
circumstances of the case, as well as the State’s disposition during the merits stage
to pay the amounts requested, the Court holds that it is reasonable to require
Ecuador to pay to Mr. Suárez Rosero, as reimbursement of the expenses flowing
from his representation before the Court in the merits stage, the amount of US$
6,894.80 (six thousand, eight hundred ninety-four dollars of the United States of
America and eighty cents), and for the reparations stage, the amount of US$
3,635.65 (three thousand, six hundred thirty-five dollars of the United States of
America and sixty-five cents).
XIII
MODE OF COMPLIANCE
101. Both Mr. Suárez Rosero and the Commission stated that the payments
ordered by the Court may be made in dollars of the United States of America or their
equivalent in Ecuadorian currency. They also requested that the Court order the
State to pay the applicable interest in case of delay. The Commission requested,
moreover, that the payments be made within a period of three months, that they be