144
a.
US$ 10,000.00 (ten thousand United States dollars) for the expenses
and costs incurred by the Tekojojá Foundation to bring the case to the interAmerican system, and to file the petition of generic habeas corpus that began
in 1993 and was granted in 1998, and
b.
US$ 30,237.42 (thirty thousand two hundred thirty-seven dollars and
forty-two cents, United States currency) as reimbursement of the expenses
that CEJIL incurred to litigate the case before the inter-American system.
Pleadings of the State
327. The State asked that the Court order each party to bear its own costs and
expenses. As for the claims made by the representatives, the State asserted that:
a)
the Tekojojá Foundation’s claim seeking reimbursement of the costs
and expenses of its work on the domestic front, specifically for filing the
petition of generic habeas corpus, should not be considered, as the
Foundation should go to the domestic courts to claim costs and expenses;
b)
the Tekojojá’s claim seeking reimbursement of expenses allegedly
incurred at the international level is not duly substantiated;
c)
the expenses the Foundation incurred at the international level are not
itemized and not supported by proper documentation; consequently, the
presumption is that they never existed;
d)
no proof is offered of the Foundation’s participation in the hearings
conducted before the Commission; therefore, the State is not obliged to pay
for costs and expenses associated with that case; and
e)
the State finds it “odd” that CEJIL is seeking to recover costs and
expenses that its representatives incurred to participate in the hearings
conducted at the Commission, as both CEJIL and the Commission are
headquartered in Washington. The State added that it had no knowledge of
CEJIL executives traveling to Asunción to participate in the friendly settlement
process or for any other purpose. Consequently, the State asked the Court to
deny the claim seeking costs and expenses in the instant case.
Considerations of the Court
328. As the Court has stated on previous occasions,229 costs and expenses are
included under the concept of reparation embodied in Article 63(1) of the American
Convention, because the activities carried out by the next of kin of the victim with
the aim of attaining justice, both under domestic and international jurisdiction, entail
disbursements which should be compensated when the State is found to be
internationally responsible by means of a condemnatory judgment. As regards its
reimbursement, it is for the Court to prudently assess its scope, including expenses
incurred before the authorities under domestic jurisdiction and those incurred in the
course of the proceedings before the inter-American system, bearing in mind the
circumstances of the specific case and the nature of international jurisdiction for the
229
Cf. Case of the Gómez Paquiyauri Brothers, supra note 26, para. 242; Case of the 19 Tradesmen,
supra note 26, para. 283; and Case of Molina Theissen, supra note 26, para. 95.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos