50
case in both the domestic and the international jurisdiction have been recognized,” and
therefore asked the Court to reject these claims.
192. Regarding the reimbursement of costs and expenses, the Court has indicated that it
must prudently assess their scope, which includes the expenses generated before the
authorities of the domestic jurisdiction as well as those arising during the proceedings
before the inter-American system, bearing in mind the circumstances of the specific case
and the nature of the international jurisdiction for the protection of human rights. This
assessment may be carried out based on equity and taking into account the expenses
indicated by the parties, provided that their quantum is reasonable.161
193. In the instant case, the representatives have not provided the Court with sufficient
evidence to support their claims for costs and expenses. Moreover, regarding the
assessment of this amount, the Court is not subject to the provisions of the domestic laws
of the States. Accordingly, the estimate submitted by the representatives is not appropriate
and the amount is not reasonable.
194. Based on the above, and taking into account how long the processing of the
proceedings against Mr. Bayarri has taken, as well as the delays in the ongoing case in
which he is the complainant, the Court finds, in equity, that the State must pay the sum of
US$50,000.00 (fifty thousand United States dollars) to Mr. Bayarri, who will deliver the
amount he considers appropriate to his representatives to compensate for the costs and
expenses incurred before the authorities of the domestic jurisdiction, as well as those
arising during the proceedings before the inter-American system. This amount includes any
future expenses that Mr. Bayarri may incur at the domestic level and during monitoring
compliance with this judgment. The State must make the payment for costs and expenses
within one year of notification of this judgment.
F)
Means of complying with the payments ordered
195. The payment of compensation established in favor of Juan Carlos Bayarri shall be
made directly to him. The same applies to the reimbursement of costs and expenses. If he
should die before the respective compensation has been delivered to him, the compensation
shall be delivered to his heirs, in accordance with the applicable domestic law.
196. The State shall comply with its obligation by payment in United States dollars or the
equivalent amount in Argentine currency, using the exchange rate between the two
currencies in force on the market of New York, United States of America, on the day
preceding the payment.
197. If, for causes that can be attributed to the beneficiary of the compensation or to his
heirs, they are unable to receive it within the specified time, the State shall deposit the said
amounts in an account or a deposit certificate in their favor in an Argentine financial
institution, in United States dollars, and in the most favorable financial conditions allowed
by banking practice and law. If, after 10 years, the compensation has not been claimed, the
amounts shall be returned to the State with the accrued interest.
161
Cf. Juan Humberto Sánchez v. Honduras. Preliminary objection, merits, reparations and costs. Judgment
of June 7, 2005. Series C No. 99, para. 193; case of García Pietro et al., supra note 114, para. 206; and case of
Apitz Barbera et al. (“First Administrative Court”), supra note 9, para. 257.