expenses incurred due to the proceedings before this Court. 166 In the instant case, the
representative failed to present any probative support for the expenses that the victims had to
defray during the different stages of the respective proceedings; he merely made a general mention
of the requests of each victim for reimbursement of costs and expenses incurred, without providing
the respective substantiating vouchers.
192. Consequently, considering that the victims had to make disbursement related to the
procedures before both the internal jurisdiction and the inter-American system, the Court
establishes, in equity, the sum of US$30,000.00 (thirty thousand United States dollars), for the
concept of costs and expenses during the procedures before the domestic jurisdiction. This sum
must be shared equally between 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, and also the sum of US$10,000.00 (ten
thousand United States dollars), for the concept of costs and expenses before the inter-American
system in favor of the victim’s legal representative, Marcelo Dueñas Veloz.
193. The Court considers that, during the procedure of monitoring compliance with judgment, it
may establish that the State must reimburse the victims or their representatives any reasonable
expenses in which they incur at that procedural stage.
F. Method of compliance with the payment ordered
194. The State shall make the payments of the compensation for pecuniary and non-pecuniary
damage and to reimburse costs and expenses established in this judgment directly to the persons
indicated herein, within one year of notification of this judgment, without prejudice to making the
complete payments in advance, pursuant to the following paragraphs.
195. If a beneficiary is deceased or dies before he receives the respective amount, this shall be
delivered directly to his heirs, pursuant to the applicable domestic law.
196.
The State shall comply with the monetary obligations by payment in United States dollars.
197. If, for reasons that can be attributed to the beneficiary/beneficiaries of the compensation or
their heirs, it were not possible to pay the established amounts within the indicated time frame, the
State shall deposit those amounts in their favor in a deposit certificate or account in a solvent
Ecuadorian financial institution, in United States dollars, and in the most favorable financial
conditions permitted by banking law and practice. If the corresponding compensation is not claimed,
when ten years have passed the amounts shall be returned to the State with the interest accrued.
198. The amounts allocated in this judgment as compensation for pecuniary and non-pecuniary
damage and to reimburse costs and expenses must be delivered to the persons indicated in full, as
established in this judgment, without any deductions derived from possible taxes or charges.
199. If the State should incur in arrears, it shall pay interest on the amount owed corresponding
to banking interest on arrears in the Republic of Ecuador.
Cf. Article 40(d) of the Rules of Procedure of the Court. See also, Case of Garrido and Baigorria v. Argentina, supra,
paras. 79 and 82, and Case of Grijalva Bueno v. Ecuador, supra, para. 194.
166
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