46
164. The Court also deems it necessary that, within a reasonable time, the State
implement an education and training program for justice operators and health care
professionals about the laws enacted by Ecuador in relation to patients’ rights and to
the punishment for violating them.
D)
COSTS AND EXPENSES
165. Costs and expenses are included in the concept of reparations as enshrined in
Article 63(1) of the American Convention.125
166. Regarding domestic proceedings, the representatives and the Commission
requested that the State be ordered to reimburse the expenses incurred to “obtain
the medical chart [and] a medical certification of the causes of the death”.
Furthermore, the representatives requested the reimbursement of the expenses
incurred by Laura Albán’s next of kin in domestic proceedings, which amount to
US$1,547.36 (one thousand five hundred and forty-seven US dollars with thirty-six
cents) for the professional services rendered by Wilson Yupangui in November 1990;
and US$75,600.00 (seventy five thousand six hundred US dollars) for the
professional services rendered by Nicolás Romero. Likewise, the representatives
requested the Court to order the reimbursement of the expenses arising from the
processing of the case before the organs of the Inter-American System, which
amount to US$40,000.00 (forty thousand US dollars) for specialized professional
services rendered by Farith Simon-Campaña, Alejandro Ponce-Villacís and the team
of the Legal Clinics of the San Francisco de Quito University. They also requested
payment of twenty thousand dollars (US$20,000.00) on account of the litigation
expenses incurred before the Inter-American Court, including traveling expenses and
per diem expenses in connection with the hearing, notarial fees, stationary and
communication services. Lastly, they requested that the State be ordered to
reimburse the expenses incurred by Carmen Cornejo de Albán and Bismarck AlbánSánchez in their appearance before the Commission, in Washington, which amount
to no less than US$4,000.00 (four thousand US dollars).
167. Regarding the payment of costs and expenses requested by the
representatives, the State challenged their justification, stating that the
representation undertaken by the San Francisco de Quito University Law School’s
Legal Clinics were exclusively limited to the proceedings before the Court. The State
also requested that no payment be set to be made to Farith Simon, as he had
informed alternate agent Salim Zaidán, by email, that he “[will] not accept any
money in the event of a favorable judgment, whether as fees or as a percentage of
any compensation ordered.”
168. The Court takes into consideration the documentary evidence remitted by the
representatives of the disbursements made in domestic proceedings and in those
before organs of the Inter-American system. Hence, the Courts decides to award, in
equity, US$30,000 (thirty thousand US dollars) to Carmen Cornejo de Albán, who
125
Cf. Case of Garrido and Baigorria, supra note 120, para. 79; Case of the “White Van” (PaniaguaMorales et al.), supra note 13, para. 212; Case of Cantoral-Huamaní and García-Santa Cruz, supra note
13, para. 203; Case of Zambrano-Vélez et al., supra note 9, para. 159; and Case of Escué-Zapata, supra
note 12, para. 186.