case before the justice system, in both domestic and international forums." According
to Mr. López Mendoza, he “had to incur substantial expenses, primarily related to costs of
reasonable attorney fees that in both the administrative and judicial proceedings, as well
as in the proceedings before the Inter-American Commission and [the] Inter-American
Court." This, plus the "additional costs" in which he had to incur, "such summons cards,
certified copies, notice expenses, cost of express shipping, international calls, calls to
mobile phones, among others."
239. Thus, in regard to the “administrative and legal domestic proceedings,” the
representatives indicated that the victim had incurred costs from: i) Bs. 7,500.00
equivalent to US$ 1,744.18 for attorneys fees in two administrative proceedings before
the Comptroller General of the Republic306; ii) Bs. 5,000.00 equivalent to US$ 1,162.79
for attorney fees corresponding to four judicial proceedings involved in the case (an
amparo, two judicial appeals for administrative decisions and a constitutional challenge);
and iii) Bs. 1,000.00 equivalent to US$ 232.55 corresponding to “[p]rocedural expenses
in the indicated motions.” In regard to the “proceedings before the Commission and
Court,” the representatives noted that the victim had incurred expenses from: i) Bs.
150,500.00 equivalent to US$35,000 for attorneys fees,307and ii) approximately Bs.
79,980.00 equivalent to US$ 15,000 for procedural expenses. Said quantities represent a
total amount of US$ 53,139.52. Lastly, the Court requested that “based on the amounts
mentioned, the State recognize, in equity, the amounts for costs and expenses incurred
in the defense of the rights of [Mr. López Mendoza].”
240. The State only noted that “the airplane costs [receipt No. 026709] that
corresponds to [Mr.] José Maes, Antonio Canova, Bernardo Pulido, and Moisés Alberto
Arteaga Sánchez were acquired by the Sociedad Anónima Técnica de Conservación
Ambiental (SATECA)[Techincal Society for Environmental Conservation] […] that currently
holds concessions for the Municipality of Chacao, municipality where [Mr.] López
[Mendoza] held public office as Mayor.” In this regard, the representatives noted
that "there is nothing extraordinary about an individual receiving donations from other
individuals,
regardless
of
whether
they
are
individuals
or
entities,
especially considering that it can be costly to take a case before the InterAmerican System." In addition, they stated that "it is not true that the SATECA gave
concessions to the Mayor of Chacao [at the time in which] Mr. Leopoldo López was
Mayor, [that is] until 2008, [but rather] that SATECA provided concessions to said
municipality only from 2010 on and after complying with all of the legal requisites and
having been selected in the public bidding."
241. Regarding the reimbursement of the legal costs and expenses, it is for the
Tribunal to assess their scope prudently. This reimbursement includes the costs arising
before the domestic authorities, as well as those arising during the proceedings before
the Inter-American system, taking into account the circumstances of the specific case and
306
Agreement of professional services of February 16, 2009, for US$35.000 (Case file of annexes to the
brief of pleadings and motions, annex K, folios 5366 and 5367). For the administrative proceeding (Exp.
No.22/001/2003): Agreement for professional services of October 3, 2003 for Bs.6.000.000, which “if the
preliminary decision is postponed for a period of four months as of the moment of the first appearance of the
client at the Comptroller, he will pay two million bolivares (Bs. 2,000,000.00) upon four months passing.” (case
file of annexes to the brief of pleadings and motions , Annex I, folio 5360, and 5361). For the administrative
proceeding (Exp. No.07-02-PI-2003-020): Agreement for professional services of February 16, 2004 for
Bs.1,500,000.00 (one million and five hundred thousand bolivares) (case file of annexes to the brief of
pleadings and motions, Annex J, folio 5363, and 5364).
307
Agreement of professional services of February 2009, for US$35,000 (Case file of annexes to the brief
of pleadings and motions, annex K, folios 5366 and 5367).
84
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos