59
D)
COSTS AND EXPENSES
212. As the Court has stated on previous occasions, costs and expenses are
contemplated within the concept of reparations as enshrined in Article 63(1) of the
American Convention.162
213. The Inter-American Commission requested that this Tribunal order the
Panamanian State to reimburse the costs and expenses incurred at the domestic
level and before the Inter-American system which be duly evidenced by the
representatives, taking into consideration the special characteristics of the instant
case.
214. In its brief of motions and pleadings, the representatives requested that the
Court order the State to reimburse the costs and expenses incurred by the victim to
defray the fees of legal counsel for his defense in the two proceedings conducted at
the domestic level. They requested that, in the event the receipts were not available,
such amount be determined on equitable grounds. On the other hand, they
requested the reimbursement of the expenses incurred by CEJIL in representing the
victim at the international level, as from the filing of the initial petition before the
Inter-American Commission on July 4, 2000, that is to say, for more than eight years
of work. Such expenses include five trips of the representatives to Panamá, the
salaries and benefits of the professionals who handled the case and communication
expenses, which, in the representatives’ opinion, amount to US$ 11,610.71 (eleven
thousand six hundred and ten dollars of the United States of America with seventyone cents). This sum does not include expenses in an approximate amount of US$
5,000.00 (five thousand dollars of the United States of America) corresponding to
lawyers’ fees during the case, among other expenses. Additionally, in their brief of
final arguments, they updated the amounts indicated originally and included the
receipts of the expenses incurred in relation to the public hearing held in Montevideo,
Uruguay, such as trips, accommodation and food expenses of the representatives
and the expert witness, which amounted to US$ 5,072.44 (five thousand and
seventy-two dollars of the United States of America with forty-four cents). In all, the
representatives included expenses for an approximate total amount of US$ 11,600
(eleven thousand six hundred dollars of the United States of America.)
215. This Court has held that “the Tribunal considers that the claims of the victims
or their representatives as to costs and expenses and the supporting evidence must
be offered to the Court at the first occasion granted to them, that is, in the brief of
requests and motions, without prejudice to the fact that such claim may be later on
updated, according to new costs and expenses incurred during the processing of the
case before this Court”.163
216. Taking into account the preceding considerations and the evidence produced,
the Court hereby orders, on equitable grounds, that the State reimburse the amount
of US$ 15,000.00 (fifteen thousand dollars of the United States of America) to Mr.
Tristán Donoso for costs and expenses resulting both from the proceedings
162
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and Costs. Judgment of August 27,
1998. Series C No. 39, para. 79; Case of Ticona-Estrada et al., supra note 6, para. 177; and Case of
Valle-Jaramillo et al., supra note 6, para. 243.
163
Cf. Case of the “Panel Blanca” (Paniagua-Morales et al.). Reparations and Costs, supra note 6,
para. 50; Case of Castañeda-Gutman, supra note 4, paras. 75 and 244; and Case of Ticona-Estrada et al.,
supra note 6, para. 180.