80
139. The Commission considered that the State should pay the costs and expenses
arising from processing the case in both the domestic and the international
jurisdictions.
Arguments of the representatives
140.
The representatives stated that costs should cover:
a)
The fees of the national lawyers who advised and represented the
Carpio Arrivillaga family in the legal proceedings for seven years, and which
amount to one hundred and fifty thousand United States dollars. Also, Martha
Arrivillaga de Carpio made three trips to attend the three hearings of the case
before the Commission, with a total cost of four thousand dollars, and
b)
before
Court,
United
The expenses of CEJIL for litigating the case for almost ten years
the Inter-American Commission, and then before the Inter-American
which amount to fourteen thousand eight hundred and eighty-seven
States dollars.
141. The representatives stated that, in order to differentiate between the costs
that the Court recognizes to the family or families, and those that it grants to their
legal representatives, it should expressly distinguish between them.
Arguments of the State
142.
The State did not refer to costs and expenses.
Considerations of the Court
143. As the Court has indicated on previous occasions,141 costs and expenses are
included in the concept of reparation embodied in Article 63(1) of the American
Convention, because the measures taken by the victims or their representatives in
order to obtain justice at the domestic and the international level, imply expenditure
that must be compensated when the State’s international responsibility has been
declared in a judgment against it. Regarding reimbursement, the Court must
prudently assess their scope, which includes the expenses incurred before the
authorities of the domestic jurisdiction, and also those incurred during the
proceedings before the inter-American system, taking into account the validation of
the expenses incurred, the circumstances of the specific case and the nature of the
international jurisdiction for the protection of human rights. This assessment may be
based on the principle of fairness and by taking into account the expenses indicated
and substantiated by the parties, providing the amount is reasonable
144. With regard to recognition of costs and expenses, legal assistance to the
victim does not start merely at the reparations stage, but it begins before the
domestic judicial organs and continues in the successive instances of the interAmerican system for the protection of human rights; namely, in the proceedings
before the Commission and before the Court. Consequently, for these purposes, the
concept of costs includes those that correspond to access to justice at the national
141
Cf. Case of Tibi, supra note 11, para. 268; Case of the “Juvenile Reeducation Institute”, supra
note 11, para. 328; and Case of Ricardo Canese, supra note 11, para. 212.
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