American System. They recalled that the Court ordered the publication of this judgement, in
full, in two national daily newspapers, which represents an expenditure of Bs.132,810, 000,
approximately US$ 45,790.00.
234. They indicated that the expenses for legal representation of the victim in the domestic
judicial proceedings totaled Bs. 27,950,000 and 27,750 strong bolívares (bolívares Fuertes),
equivalent to approximately US$ 25,900.00. They asked that the payments agreed with other
legal professionals, for the sum of US$ 10,000.00, also be included as expenses. The total
legal expenses in the domestic proceedings totaled, approximately, US$ 35,900.00.
235. As to the costs and expenses for representation before the Inter-American System of
Human Rights, the representatives requested the total sum of US$ 30,175.52, which includes
air travel, transport and lodging expenses, mail costs, and the fees of the professionals and
expert witnesses who testified in the proceedings.
236.
The State argued that there are no clear and objective elements for establishing the
amount of the costs and expenses, given that these are subject to random factors.
237. The Court reiterates that, in accordance with its jurisprudence, costs and expenses
form part of the concept of reparation, given that the victims’ efforts to obtain justice, both at
national and international level, involved disbursements that should be compensated when
the State’s international responsibility is declared through a conviction.202 As to the
reimbursement of costs and expenses, it is up to the Court to prudently assess their scope,
including the expenses incurred before the domestic courts, and those arising in the course of
the proceedings before the Inter-American System, bearing in mind the circumstances of the
specific case and the nature of the international jurisdiction of protection of human rights. This
assessment may be based on the principle of equity, bearing in mind the expenses indicated
by the parties, provided that their quantum is reasonable.203
238. In this case, the Court has confirmed that the expenses arising from the publication of
the judgment of February 28, 2005, amount to approximately USD 45,800.00 (forty-five
thousand, eight hundred United States dollars). Likewise, Mr. Álvarez’s legal fees in the
domestic criminal proceedings amounted to US $30.900.00 (thirty thousand, nine hundred
United States dollars), excluding the payment promised to the lawyer Sebastián Álvarez, which
has not been proven. The Court also considers justified and proven the legal costs and
expenses arising from the proceedings before the Commission and the Inter-American Court,
which totaled US $ 30,400.00 (thirty thousand, four hundred United States dollars). Therefore,
the Court orders payment of the total sum of USD 107,100.00 (one hundred and seven
thousand, one hundred United States dollars) for costs and expenses. Said amount shall be
paid directly to Mr. Álvarez, who in turn will pay his representatives the appropriate amount,
according to the assistance provided to him.
239. As it has done in other cases,204 during the stage of monitoring compliance with this
judgment, the Court may order the State to reimburse the victim or his representatives for
reasonable and properly proven expenditures.
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs. Judgment of August 27, 1998, Series C,
No. 39, para. 79; and Case of Órdenes Guerra et al. v. Chile. Merits, reparations and costs. Judgment of November
29, 2018, Series C, No. 372, para. 139.
203
Cf. Case of Garrido and Baigorria v. Argentina, para. 82; and Case of Órdenes de Guerra et al. v. Chile, para. 139.
204
Cf. Case of Isben Cárdenas and Isben Peña v. Bolivia. Merits, reparations and costs. Judgment of September 1,
2010, Series C No. 217, para. 291; and Case of Gorigoitía v. Argentina. Preliminary objection, merits, reparations
and costs. Judgment of September 2, 2019, Series C, No. 384, para. 86.
202
44