62
instant case.191
263. Nevertheless, the Court considers it important that the necessary material and
human resources are allocated to ensure that the Prosecutor’s Office can comply adequately
with the State’s obligation to investigate and, if applicable, punish those responsible for the
forced disappearance of Heliodoro Portugal.
D)
COSTS AND EXPENSES
264. Costs and expenses are included in the concept of reparation embodied in Article
63(1) of the American Convention.192
265. The Commission asked the Court to order the State “to pay the costs and expenses
duly authenticated by the representatives that were incurred in processing the case at both
the domestic level and before the inter-American system.” The representatives asked the
Court to order the State “to pay the costs and expenses that the Portugal family and CEJIL
incurred in the domestic and the international proceedings, as well as future expenses
during the remainder of the processing of the case before the Court.” They asked the Court
to establish, based on equity, an amount in favor of Patria Portugal, because she has not
kept receipts for the expenses she had to incur in the said proceedings, and that it order the
State to pay US$17,553.93 for the costs and expenses that CEJIL incurred. The State did
not submit arguments in this regard.
266. The Court observes that the Portugal family and its representatives incurred
expenses during the domestic and the international proceedings in this case. In order to
determine a reasonable amount, in equity, for the reimbursement of the expenses incurred
by Patria Portugal in her search for justice, the Court bears in mind that it was she who
advanced the case, because Mr. Portugal’s family was not represented by a lawyer during
the domestic proceedings because of financial constraints. In addition, the Court notes that
the domestic proceedings commenced more than 18 years ago, with the filing of a
complaint by Patria Portugal and that she has participated actively in the international
proceedings since the initial petition was submitted to the Inter-American Commission in
May 2001. In this regard, she has met on several occasions with the different prosecutors
responsible for the domestic investigations and has incurred expenditure for telephone calls,
copies, and sending faxes and correspondence to Costa Rica and Washington, D.C. She also
traveled to Washington, D.C. on three occasions to take part in the hearings before the
Inter-American Commission. In addition, the Court observes that, as of 2000, Mrs. Portugal
abandoned her employment to devote herself to seeking justice for what happened to her
father. Moreover, the Court observes that CEJIL has acted as the representative in this case
since the initial petition was filed before the Inter-American Commission in May 2001 and
submitted vouchers corroborating that it had incurred expenses totaling US$17,553.93
(seventeen thousand five hundred and fifty-three United States dollars and ninety-three
cents), which included traveling expenses, hotels, communications, photocopies, stationery
and mailings, as well as obtaining the statements submitted to the Court.
267. Taking into account the preceding considerations and the evidence provided, the
Court determines, based on the principle of equity, that the State must deliver the sum of
191
192
Cf. Case of Escué Zapata, supra note 183, para. 185.
Cf. Case of Garrido and Baigorria v. Argentina. Merits. Judgment of February 2, 1996. Series C No. 26,
para. 79; Case of Yvon Neptune, supra note 24, para. 184, and Case of Kimel, supra note 61, para. 129.
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