103
a)
COFAVIC incurred various expenses in connection with steps taken
before domestic entities during the period from 1989 to 1995, for which they
request as compensation US$46,800.00 (forty-six thousand eight hundred
United States dollars). They do not include the attorney fees of Liliana Ortega
Mendoza, who provided legal assistance to the victims, in view of the fact that
she donated her professional services. COFAVIC also incurred a number of
expenses in steps taken before the bodies of the inter-American system,
which they estimate amount to US$45,700.00 (forty-five thousand seven
hundred United States dollars ); and
b)
CEJIL, in turn, as co-applicant with COFAVIC before the bodies of the
inter-American system, requested payment of a number of expenses
incurred, adding up to US$6,579.90 (six thousand five hundred and seventynine United States dollars and ninety cents);
Considerations of the Court
130. Legal costs and expenses must be understood to fall under the concept of
reparations set forth in Article 63(1) of the American Convention, as the activities
carried out by the victim or victims, their next of kin or their representatives to
obtain justice under domestic and international jurisdiction involve expenses and
financial commitments for which there must be compensation when the respondent
is found to be responsible of violations.198
131. The Court must judiciously assess legal costs and expenses, taking into
account the circumstances of the specific case, the nature of international human
rights jurisdiction, and the characteristics of the respective proceedings, which are
specific and different from those of other domestic and international proceedings.199
132. To this end, the Court deems it equitable to recognize for COFAVIC, as
reimbursement of legal costs and expenses incurred under domestic jurisdiction and
before the inter-American system, US$75,000.00 (seventy-five thousand United
States dollars) and for CEJIL as reimbursement for expenses incurred before the
inter-American system, US$1,000.00 (one thousand United States dollars).
133. According to documentation supplied to this Court, COFAVIC has taken
numerous steps within the country to seek justice in the instant case (supra paras.
66.63 and 66.64). The Court also foresees that COFAVIC must take various steps
regarding compliance with the instant Judgment, in view of which it deems it
appropriate, in fairness, to set the sum of US$10,000.00 (ten thousand United States
dollars) for future expenses in connection with said steps.
198
Cf. Trujillo Oroza Case, Reparations, supra note 2, para. 126; Cantoral Benavides Case,
Reparations, supra note 27, para. 85; and Cesti Hurtado Case. Reparations, (Art. 67 American Convention
on Human Rights), November 27, 2001 Judgment, para. 71.
199
Cf. Trujillo Oroza Case, Reparations, supra note 2, para. 126; Cantoral Benavides Case,
Reparations, supra note 27, para. 85; and Cesti Hurtado Case. Reparations, supra note 198, para. 71.
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