b)
CEJIL has represented Gladys de Solón Romero in the proceedings
before the supervisory bodies of the Convention since they were initiated in
September 1992. Among other actions, it has prepared briefs, submitted
documentary evidence and taken part in hearings on the case; and
c)
to date, CEJIL has settled all the expenses from its own private
resources, and should be reimbursed. The total for such expenses before the
Inter-American system is US$11,024.80 (eleven thousand and twenty-four
United States dollars and eighty cents)76.
The Commission’s arguments
124.
The Commission did not refer to this item.
The State’s arguments
125. The State alleged that “the political use of the case for extra-procedural ends
disqualifies the claims in the application with regard to costs, lawyers’ fees and
compensation for non-pecuniary damage, as this is an act that seriously injures the
international human rights justice system.” It also indicated that it is not obliged to
pay any amount for costs, lawyers’ fees or other expenses incurred by the victim’s
next of kin, owing to the bad faith they had shown during the process. During the
public hearing on reparations, it requested that the claim for costs and expenses
should be rejected, arguing that, in the Neira Alegría et al. case, the Court had
decided that it was not in order to decide in favor of such concepts, and in the
Aloeboetoe et al. case, the Court had decided that the reimbursement of expenses
was not in order. It also stated that “as there is no obligation to pay fees or
expenses to the Commission or CEJIL, this component of the claim has also been
fulfilled.”
Considerations of the Court
126. It should be understood that costs and expenses are included in the concept
of reparation embodied in Article 63(1) of the American Convention, because the
activities carried out by the victim or victims, their successors or their
representatives to access international justice imply disbursements and
commitments of a financial nature that should be compensated. This Court considers
international telephone calls, faxes, copies and mail relating to the case before the Commission and the
Court, as well as measures taken in Bolivia (US$2,000.00).
76
The total amount of US$11,024.80 (eleven thousand and twenty-four United States dollars and
eighty cents) requested for costs and expenses breaks down as follows: US$714.84 (seven hundred and
fourteen United States dollars and eighty-four cents) in payment of faxes, mail and national and
international telephone calls; US$21.16 (twenty-one United States dollars and sixteen cents) in payment
of photocopies of documents and evidence provided to the Inter-American Commission and Court;
US$863.80 (eight hundred and sixty-three United States dollars and eighty cents) for travel,
accommodation, transportation and food expenses between Washington, D.C. and Costa Rica for the
hearing before the Inter-American Court; US$340.00 (three hundred and forty United States dollars) for
transportation and food in La Paz, Bolivia, in August 1997; US$460.00 (four hundred and sixty United
States dollars) for transportation and food expenses in La Paz, Bolivia, in April 1999; and US$8,625.00
(eight thousand six hundred and twenty-five United States dollars) for legal assistance during the
proceedings before the Inter-American Commission and Court.