74
E.
Costs and Expenses
279. As has been signaled 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.284
280. The Commission requested the Court order the State “to pay the costs and
expenses duly proven by [the representatives], taking into consideration the special
characteristics of the present case.”
281. The representatives expressed that from the time the report was raised before the
Commission until the measures carried out before the Court, the Chitay family and the
representatives have incurred expenses that arise to the amount of, approximately,
[US$10,000.00 (ten thousand Dollars of the United States of America)].” Also, they
requested the amount of US$15,000.00 (fifteen thousand Dollars of the United States of
America) for fees and US$6,200.00 (six thousand two hundred Dollars of the United States
of America) for expenses related to the public hearing held in the present case. They
added that to the “subtotal of pecuniary damage, six percent (6%) must be added for
annual interest, calculated since the date of the facts until the moment of payment” and
that “the total must be added the corresponding quantity of professional fees pursuant to
that established in Decree [No]. 111-96 of the Congress, ‘Tariffs of lawyers, arbitrators,
attorney generals, judicial authorities, experts, auditors and trustees.”
282. Previously, in their final arguments, they reiterated the request for US$10,000.00
(ten thousand dollars of the United States of America) for expenses, they requested the
amount of US$458,189.00 (four hundred fifty-eight thousand, one hundred eighty-none
dollars of the United States of America) for fees, and for future expenses they requested
the sum of US$20,000.00 (twenty thousand dollars of the United States of America).
Nevertheless, the representatives together with said brief presented several tables, in
which they made a chart of said items. In the table corresponding to the expenses, they
indicated the sum of US$13,911.00 (thirteen thousand, nine hundred eleven dollars of the
United States of America) and, regarding professional fees, they presented two tables:
one that indicated the sum of US$347,189.00 (three hundred forty seven thousand, one
hundred eighty-nine dollars of the United States of America); and another that indicated
the amount of US$357,089.00 (three hundred fifty seven thousand, eighty nine dollars of
the United States of America). Finally, the representatives manifested that “they have not
made a contract of agreement with the alleged victims related to the costs and expenses of
litigation, nevertheless, the lawyer Astrid Odete Escobedo Barrondo, due to her exercise of
the mandate, agreed to 10% for said exercise, and the lawyer Carlos María Pelayo Möller
did not make any agreement for the exercise of the mandate.”
283. For its part, the State signaled that “it should not be condemned to pay the costs
and expenses for the failure of the representatives to negotiate a friendly settlement.” The
State, in its observations to the annexes issued by the representatives together with the
final arguments, also presented its observations in three orders: expenses, professional
fees, and future expenses. In the first place, regarding expenses, the State sustained, on
the one hand, that the telephone expenses that the representatives tried to charge were
unreasonable, and on the other hand, quantified the equivalent expenses as “excessive” for
284
Cf. Case Garrido and Baigorria V. Argentina. Reparations and Costs. Judgment of 27 of August of 1998.
Series C. No. 39, para. 79; Case Radilla Pacheco V. México, supra note 12, para. 376, and Case of the Dos Erres
Massacre v. Guatemala, supra note 12, para. 296.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents