29 b) They have made various representations before the inter-American human rights system, which also involved expenses that must be reimbursed. They have made trips, prepared briefs and participated in the public hearings conducted by the organs of that system, among others, and c) They estimate that the State must reimburse them the sum of US$8,000.00 (eight thousand dollars of United States of America) in costs and expenses. The Commission’s arguments 83. The Commission, for its part, noted that the Court should order the State to pay the expenses that the victim’s family members have incurred to bring the case before domestic authorities and the organs of the inter-American human rights system, based on the statements made by the representatives of Luis Alberto Cantoral Benavides. The State’s arguments60 84. In its conclusions on reparations, the State requested that when determining the amount for the expenses and costs incurred by the victim’s representatives, the Court consider whether those expenses have been properly verified, the circumstances of the specific case, and the principles of equity and reasonability. The Court’s comments 85. Costs and expenses should be understood within the concept of reparation established in Article 63(1) of the American Convention, because the actions taken by the victim or victims, their heirs or representatives to have access to international justice implies disbursements and commitments of a financial nature which should be compensated when delivering the judgment of condemnation. For this reason, the Court considers that the costs referred to in Article 55(1) h) of the Rules of Procedure also include the various necessary and reasonable expenses that the victim or victims incurred in order to have access to the inter-American system for the protection of human rights, and these expenses include the fees of those who provide legal assistance. Consequently, the Court must assess prudently the scope of the costs and expenses, bearing in mind the particular circumstances of the case, the nature of the international jurisdiction for the protection of human rights, and the characteristics of the respective proceeding, which are unique and differ from those of other national or international proceedings.61 86. This Court has already indicated that the concept of costs includes both those corresponding to the stage of access to justice at the national level and those that 60 61 See paragraph 45 of this Judgment. Cf. Cesti Hurtado Case. Reparations, supra note 2, paragraph 71; The “Street Children” Case (Villagrán Morales et al.). Reparations, supra note 2, paragraph 107; y “White Van” Case (Paniagua Morales et al.). Reparations, supra note 2, paragraph 212.

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