21
Drugs and Psychotropic Substances”)which includes a provision similar to that which
was declared in the judgment on the merits to be in violation of the Convention (the
only article in fine of the Law cited). The State declared that
it [had] fulfilled all the commitments that it made in the hearing on the merits in April
1997, in that it not only modified the Law on Narcotic Drugs and Psychotropic
Substances, but it also began an important process of change in the treatment of the
convicts who took these substances.
87.
With respect to the requests by the Commission and Mr. Suárez Rosero that
the State be ordered to change its laws and internal policies, the Court deems it
pertinent to reiterate at this time its declaration in the judgment on the merits in this
case, that
Ecuador is obligated, in accordance with the general duties to respect rights and adopt
provisions under domestic law (Article 1(1) and (2) of the Convention), to adopt such
measures as may be necessary to ensure that violations such as those established in the
instant case never again occur in its jurisdiction. (Suárez Rosero Case, supra 79, para.
106)
Therefore, contrary to that adduced by the State, the Court finds that the new law
that has been brought to its attention does not constitute an appropriate measure to
fulfill the judgment on the merits in the present case and reiterates that Ecuador is
obligated to recognize the rights set forth in the American Convention to all persons
subject to its jurisdiction, without any exception (Suárez Rosero Case, supra 79,
Chapter XIV: “Violation of Article 2 [of the American Convention on Human Rights]”).
XII
COSTS AND EXPENSES
88.
Both Mr. Suárez Rosero and the Commission made reference to the judgment
on the merits in this case, in which, according to their arguments, the Court ordered
Ecuador to pay the costs and expenses incurred by the attorneys in the proceedings
before the Inter-American Court as well as before the domestic tribunals. In this
respect, the Commission stated that “indemnization of expenses and costs should
correspond to that which is reasonable in light of the circumstances.
89.
During the public hearing, the State offered to make a payment of a total
amount to pay the expenses of the representatives of Mr. Suárez Rosero and the
expenses resulting from the processing of the present case.
A) BEFORE THE DOMESTIC COURTS
90.
As to costs in the domestic jurisdiction, Mr. Suárez Rosero requested the
reimbursement of the costs and professional expenses, which he estimated to be
approximately US$ 2,300.00 (two thousand, three hundred dollars of the United
States of America). He stated, in respect to the expenses, that the Court “has
recognized the difficulty of saving receipts and other documents in view of the living
conditions of many of the families of the victims,” and has ordered the
reimbursement of expenses in the past, even in the absence of their proof. For its
part, the Commission requested that compensation be granted for “all the
reasonable costs and honoraria of the attorneys which were incurred to procure