81
D) Costs and Expenses
Arguments of the Commission
245. The Commission indicated that, after hearing the representatives, the Court
should order the State to pay the costs arising from the legal procedures undertaken
by the alleged victims in the national sphere, and also those arising from processing
the case at the international level before the Commission and the Court, which are
duly authenticated by the representatives.
Arguments of the representatives
246.
The representatives indicated that:
(a) They have a right to reimbursement of the expenses incurred for
travel, translation costs, honoraria of experts, telephone calls, copies and
also legal fees;
(b) MUDHA has worked on this case since 1997, and has incurred
expenses of US$4,513.13 (four thousand five hundred and thirteen United
States dollars and thirteen cents);
(c) CEJIL has worked on this case since 1999, and has incurred
expenses of US$37,995.94 (thirty seven thousand nine hundred and
ninety-five United States dollars and ninety-four cents);
(d) The International Human Rights Law Clinic has devoted five years of
the time of its personnel and students to this case, so they request
reimbursement of US$50,000.00 (fifty thousand United States dollars) as
a symbolic amount for the expenses incurred, and
(e) The amount listed for the expenses of the different organizations
does not include those they will incur during the remaining procedure
before the Court.
Arguments of the State
247. The State requested the Court to condemn the “plaintiffs” to pay the costs and
professional fees arising from this proceeding, based on the inadmissibility of their
claim.
Considerations of the Court
248. The Court has indicated that costs and expenses are included in the concept of
reparation embodied in Article 63(1) of the American Convention, because the
measures taken by the victims, their qualifying dependents or their representatives in
order to obtain justice at the international level imply expenditure and financial
commitments that must be compensated.122 For purposes of reimbursement, the Court
122
Cf. Case of Yatama, supra note 13, para. 264; Case of Yakye Axa Indigenous Community, supra
note 16, para. 231, and the Case of Moiwana community, supra note 8, para. 222.
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