reimbursed for the amounts paid and responsibility assigned to those who had violated the
Constitution.
264. Another measure requested by the representatives was the “removal of the photo of
Guillermo Castro Dager, the former President of the new Supreme Court of Justice” from the
gallery of Presidents of the Supreme Court of Justice. Finally, they requested that a plaque
bearing the victims’ names be placed in a visible place in the building of the National Court
of Justice, in acknowledgement of their struggle in defense of the institutions and
democracy.
265. As to the request to investigate those allegedly responsible, the State argued that if
the State should be convicted it would conduct “the investigations necessary to establish the
responsibility of the institutions” and that “in the event of a possible declaration of a
violation of rights, the Ecuadorian legal system contemplates a procedure for recovering a
payment made.”
Considerations of the Court
266. As regards the other measures of reparation requested, the Court considers that the
delivery of this Judgment and the reparations ordered in this chapter are sufficient and
adequate to redress the violations suffered by the victims and does not consider it
necessary to order those measures. 293
E.
Costs and expenses
Arguments of the parties
267. The representatives stated that “[t]he victims ha[d] incurred numerous expenses in
the proceedings before the domestic authorities, in obtaining evidence for this case, as well
as many other expenses during the proceedings before the [Inter-American Commission]
and the Court. These included the amounts spent to attend the hearings on admissibility,
the hearing on merits, mail expenses, copying of documents, transportation and board and
lodging.” The representatives indicated that “[because they did] not have all the vouchers,
[they asked] the Court to consider in equity the reimbursement of US $50,000 dollars for
costs and expenses incurred in the domestic and international courts.”
268. Subsequently, in their brief of final arguments the representatives indicated that
“[t]aking into account the new configuration of the process before the Inter-American Court,
the victims’ representatives [had] to cover all travel expenses and payments of expert
witnesses before the Inter-American Commission, [which] implied very high costs.” The
representatives also stated that “at the time when the [brief of pleadings and motions] was
presented [they] only [had] the vouchers for litigation before the [Inter-American
Commission] (travel to Washington, postal costs, expert opinion before the [Commission]);
however the most significant expenditure [was their] appearance before the Inter-American
Court of Human Rights.” In their brief of final arguments the representatives explained that
“after the oral stage of the proceeding, [they] provided [the Court] with details and
justifications for the expenses incurred up to the date of the hearing, which totaled USD
$43,797.59. 294 If these are added to the costs which [they must] incur for the
293
Cf. Case of Radilla Pacheco v. Mexico. Preliminary Objections, Merits, Reparations and Costs. Judgment of
November 23, 2009. Series C No. 209, para. 359, and Artavia Murillo et al. (In Vitro Fertilization) v. Costa Rica,
para. 344.
294
As to the evidence regarding the financial expenditures made and submitted as attachments to the brief of
final arguments of the representatives, the Court found that the receipts submitted were related to expenses for
76