47
ordering the publication of a section thereof in the Official Gazette and in another
newspaper of widespread circulation, are in and of themselves sufficient to
publicly disseminate the international responsibility of the State in the case at
hand.113
D)
Costs and Expenses
143.
The Commission requested the Court to order the State “the payment
of the costs and expenses duly proven by [the representative], in consideration of
the special characteristic of the case”.
144.
The representative asked the Court to order the reimbursement of the
costs and expenses which the alleged victims had incurred in the processing of
the case before the domestic courts and Inter-American system, which includes:
(1) “expenditure for transportation, communications and stationery, in addition
to time and effort”, (2) the legal services of the Carlos Blancas Bustamante law
firm, the payment of legal fees equivalent to 10% of the sum restituted to the
members of the Association; of this, 300,000 (three hundred thousand) new soles
have been paid to date”; and (3) “the advisory services and legal support
activities” of CEDAL (Labor Advisory Center of Perú). In this regard, the
representative provided an itemization of the expenses incurred by CEDAL as the
result of the proceeding before the Inter-American system, which amount to US$
16.956, 60 (sixteen thousand, nine hundred and fifty-six, with 60/00 cents of
United States dollars).
145.
The State pointed out, in addition, that “the amounts paid by the
petitioners on occasion of the proceeding instituted at the domestic level have not
been proven”. As to the international proceeding, the State alleged that CEDAL,
by being a non-for-profit organization, financed by the international cooperation,
“did not represent any expense for the alleged victims”. Furthermore, it
questioned “in its entirety, the items [,] and, consequently, the amounts”
mentioned in the documentary evidence tendered by the representative, given
that it did not present a report proving how such evidence is “link[ed] to the
conduct of the proceeding in this particular case”. Hence, the State alleged that
the evidence tendered is not “closely and directly relate[d] to the steps taken in
the instant case”. Finally, the State alleged that, “in Perú, the proceedings
involving a constitutional action or constitutional rights are free”.
146.
As the Court has indicated on previous occasions, costs and expenses
are included in the concept of reparations embodied in Article 63(1) of the
American Convention, since the actions taken by the victims, their next of kin, or
their representatives to obtain justice at both the national and the international
level involve expenditure that must be compensated when a State’s international
responsibility has been declared in a judgment convicting it. Regarding
reimbursement of costs and expenses, it is for the Court to assess their scope
prudently. This reimbursement includes the costs arising before the domestic
authorities, as well as those arising during the proceedings before the InterAmerican 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 must be made on an equitable basis and taking into account the
113
250.
Cf. Case of Apitz Barbera et al. (“First Court of Administrative Disputes”) supra note 64, para.