international responsibility of the State is declared in a judgment.200 Regarding the reimbursement
of costs and expenses, it is for the Court to prudently assess their scope, including the expenses
incurred before the authorities of the domestic jurisdiction, as well as those generated during the
proceedings before the inter-American system, taking into account the circumstances of the
specific case and the nature of the international jurisdiction for the protection of human rights.
This assessment may be made based on the principle of equity and taking into account the
expenses indicated by the parties, provided that their quantum is reasonable.201
178. In the instant case, there is no evidence in the case file to support the costs and expenses
incurred by the victims. However, the Court considers it reasonable to assume that such procedures
necessarily involved expenditures, so it determines that the State must pay the amount of USD
$8,000.00 (eight thousand United States dollars), in favor of their representative, the lawyer
Renato Javier Villacís Tubon.
I.
Method of compliance with the ordered payments
179. The State must make payment of the amounts established as compensation for pecuniary
and non-pecuniary damages, and costs, as established in this judgment, directly to the individuals
identified herein (supra para. 138), within the term of one year, counted from the notification of
this judgment. This is without prejudice to the possibility of making payments within a shorter
term. In the event of the beneficiary individuals dying before the respective compensations are
paid, such payments will be made directly to their heirs, in accordance with the applicable domestic
law.
180. The State must comply with its pecuniary obligations by paying in U.S. dollars.
181. If due to reasons attributable to the individuals entitled to compensation or their heirs, it is
not possible to make the payment of the determined amounts within the indicated term, the State
will deposit such amounts in their favor in an account or certificate of deposit in a solvent
Ecuadorian financial institution, in United States dollars, and under the most favorable financial
conditions allowed by legislation and banking practices. If the corresponding compensation is not
claimed after ten years have elapsed, the amounts will be returned to the State with accrued
interest. In the event that the above is not possible, the State must ensure the availability of funds
for a term of ten years.
182. The respective amounts, corresponding to compensation for pecuniary and non-pecuniary
damages, and costs and expenses, must be paid to the individuals indicated in full, in accordance
with this judgment, without deductions arising from possible tax obligations.
183. In the event of the State falling into arrears, it must pay interest on the amount owed
corresponding to the moratorium bank interest rate in Ecuador.
200
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and Costs. Judgment of August 27, 1998. Series C No.
39, para. 82, and Case of Olivera Fuentes v. Peru, supra, para. 172.
201
Cf. Case of Garrido and Baigorria v. Argentina, supra, para. 82, and Case of Olivera Fuentes v. Peru, supra, para.
172.
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