into account the parameters of the calculations provided by the State, the Court
sets, in equity, the amount of US$26,000.00 (twenty-six thousand dollars of the
United States of America) for the mentioned period, added to the amount for
pecuniary damages indicated above. Therefore, the Court considers that the State
should pay Mr. Mejía Idrovo the total sum of US$358,033.59 (three hundred and
fifty-eighty thousand, and thirty three dollars of the United States of America with
fifty-nine cents) be provided to Mr. Mejía Idrovo, as compensation for pecuniary and
non-pecuniary damages. This amount must be paid to Mr. Mejía Idrovo within one
year as of legal notice this Judgment, without applying any discount or deduction for
taxes.
E. Costs and Expenses
157. As has been noted previously by the Court in prior opportunities, the costs
and expenses are understood within the concept of reparations enshrined in Article
63(1) of the American Convention. 114
158. The Commission requested that “once the representatives of the victim had
been heard,” the Court order the State to pay the costs that have been incurred at
the domestic level, as well as those incurred from the handling of the case before the
Commission and those that arose as a consequence of the processing before the
Court that have been duly proven.
159. The representatives requested the Court to order the State to reimburse the
costs and expenses incurred by the victim for the legal assistance for his defense in
the proceedings carried out at the domestic, as well as the international level. On the
other hand, they requested the reimbursement of expenses incurred by the CEDHU
by representing the victim before international bodies, mainly relating to
communication and travel costs made by an attorney representing him during the
procedure of the case before the Commission and before this Court. As a
consequence, they requested that the Court order payment for costs and expenses in
the amount of US$15,000.00 (fifteen thousand dollars of the United States of
America). In the final arguments, they noted that Mr. Mejía Idrovo hired the
professional services of Mr. Edison Burbano Portilla for the amount of US$ 30,000.00
(thirty thousand dollars of the United States of America), which would be paid once
Mr. Mejía Idrovo was reinstated in active service, and the damage is recognized, and
they also submitted receipts of the flight expenses of colonel Mejía Idrovo and his
lawyer Xavier Mejía traveling to a working session of the Inter-American Commission
in 2008, as well as the receipts related to the expenses incurred in regard to his
attendance at the public hearing before the Court in the amount of US$ 4,022.88
(four thousand and twenty-two dollars of the United States of America and eightyeight cents). In short, the representatives requested the reimbursement of expenses
amounting to a total of approximately US$ 34,000.00 (thirty-four thousand dollars of
the United States of America). With regards to expenses incurred by the CEDHU in
the international forum and the nine years of litigation, the representatives made
"available information regarding costs before the Commission and [...] in the stage
of the proceedings being carried out before the Court," they considered that "it would
114
Cf. Case of Garrido and Baigorria V. Argentina. Reparations and Costs. Judgment of August 27,
1998. Series C. No. 39, para. 79; Case of Abrill Alosilla V. Perú, supra note 19, para. 133, and Case of
Vera Vera et al. V. Ecuador, supra note 12, para. 140.
46
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