36
D)
Costs and Expenses
130. As previously noted by the Court, costs and expenses constitute part of the concept
of reparation under Article 63(1) of the American Convention.138
131. The representatives seek an award of costs and expenses incurred in association
with the hearing before this Court, and an additional amount representing the costs
involving couriers, affidavit fees, photocopying and travel expenses incurred in visiting
prisons where the alleged victims have been held. They are not, however, seeking
reimbursement of attorney’s fees in this case, which they have waived. Consistent with past
practices,139 the Court supports an award of such costs and expenses as are reasonable and
necessary in the presentation of the case before the Court.
132. In this respect, the representatives have submitted receipts that purportedly support
said request for a total amount of US$ 43,062.42. The State and the Commission
submitted their respective observations (supra para. 11). The State requested that the
Court take into account the “limited financial resources and socio-economic situation of
Barbados”, and observed that “reasonable expenses in this context would only cover the
participation of one Senior Counsel (Queen’s Counsel) and one Junior Counsel, as well as
the two witnesses, as is the practice in the Commonwealth Caribbean when funding high
level litigation.” The Commission had no observations on this matter.
133.
This Court has analyzed the documentation submitted by the representatives and
has found sufficient evidence to support a claim of US$ 42,329.84. Nevertheless, the Court
deems that to order the State to cover the costs incurred by six legal representatives is not
reasonable and necessary in the presentation of the present case. Therefore, the Tribunal
considers reasonable to order the State to reimburse the amount of US$ 27,000.00 (twenty
seven thousand United States dollars) for the costs and expenses related to the domestic
and international proceedings in the present case. Considering that the victims are
currently in prison in Barbados and their representatives work in England, the State shall
pay such amount directly to the representatives, within six months from the notification of
the present Judgment.
E)
Terms of Compliance of Payment for Costs and Expenses
134. The amounts set forth in the present Judgment as reimbursement of costs and
expenses may not be affected, reduced or conditioned by tax laws currently in force or to
take effect in the future.
135. The State may fulfill its pecuniary obligations by tendering United States Dollars or
an equivalent amount in the currency of the State, which will be calculated according to the
138
Cf. Case of Garrido and Baigorria, supra note 135, para. 79, and Case of The “White Van” (Paniagua
Morales et al.), supra note 24, para. 212. Cf. also Case of La Cantuta, supra note 64, para. 243, and Case of the
Miguel Castro Castro Prison, supra note 24, para. 455.
139
Cf. Case of Garrido and Baigorria, supra note 135, para. 82; Case of Escué Zapata, supra note 51, para.
188, and Case of Bueno Alves, supra note 80, para. 219.
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