187. The amount established must be delivered to each of the victims: Jorge Humberto Villarroel
Merino, Mario Romel Cevallos Moreno, Jorge Enrique Coloma Gaibor, Fernando Marcelo López Ortiz,
Leoncio Amílcar Ascázubi Albán and Alfonso Patricio Vinueza Pánchez.
E. Costs and expenses
188. The representative only referred to the expenses that the victims incurred individually.
Specifically, Mr. Villarroel Merino requested the sum of US$70,000.00 (seventy thousand United
States dollars). Mr. Ascázubi Albán indicated that, “he accepted the good judgment of the Court”
for the costs and expenses. He also asked for the expenses incurred to pay: (a) the legal fees of his
defense counsel; (b) fees of defense counsel and experts, travel, and costs, etc. related to his
defense; (c) defense counsel for the defense of the complaint filed against the State in one of the
country’s courts; (d) payment of professional fees for his defense in the complaint filed against the
president of the National Police Court of Justice before the Supreme Court of Justice of Ecuador. Mr.
Cevallos Moreno indicated that, to defend his case, he had had to pay legal professionals. However,
the representative did not refer to the expenses incurred by the victims in the proceedings before
the Commission and the Inter-American Court. The Commission did not refer to costs and
expenses.
189.
The State argued that no violation had been committed and, therefore, it was not
appropriate to grant costs and expenses. Nevertheless, if it was required to pay costs and expenses,
these should be reasonable. The State reiterated that, since this item referred to alleged monetary
disbursements for actions taken during the judicial proceedings in the internal and international
jurisdiction, the victims should have included this in their arguments and justified the expenditure
with vouchers and other receipts or pertinent documents, and this was not done. Thus, for costs,
Mr. Villarroel Merino alone had specifically requested US$70,000.00 (seventy thousand United
States dollars), while Messrs. Cevallos Moreno, López Ortiz, Ascázubi Albán, Coloma Gaibor and
Vinueza Pánchez had not specified the amount they claimed under this heading. Therefore, since
the necessary documentation and evidence was lacking, the State asked the Court to establish a
sum based on the equity principle and in keeping with its previous case law.
190. The Court reiterates that, according to its case law, costs and expenses form part of the
concept of reparation because all the actions taken by the victims in order to obtain justice, at both
the domestic and the international level, entail disbursements that should be compensated when
the State’s international responsibility has been declared in a judgment. Regarding the
reimbursement of costs and expenses, it corresponds to the Court to prudently assess their scope
which includes the expenses incurred before the authorities of the internal jurisdiction as well as
those arising during the proceedings before the inter-American 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 may be made based on the principle of equity and taking into
account the expenses indicated by the parties, provided their quantum is reasonable.165
191. The Court has indicated that the claims of the victims or their representatives for costs and
expenses, and the evidence substantiating these, must be submitted to the Court at the first
procedural moment granted to them; that is, in the brief with pleadings, motions and evidence,
without prejudice to such claims being updated subsequently, in keeping with the new costs and
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs. Judgment of August 27, 1998. Series C No.
39, para. 82, and Case of Guerrero, Molina et al. v. Venezuela. Merits, reparations and costs. Judgment of June 3, 2021.
Series C No. 424, para. 192.
165
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