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.