22
protection through internal remedies,” including the unsuccessful attempt to file a
judicial writ of habeas corpus for Mr. Suárez Rosero.
91.
The State did not make reference to the costs and expenses in the domestic
arena claimed by Mr. Suárez Rosero.
92.
The consistent practice of the Court has been to award the reimbursement of
expenses for representations made on behalf of the injured party before the
authorities in the domestic jurisdiction. (Garrido and Baigorria, Reparations, supra
40, para. 81, in reference to the Aloeboetoe et al. Case, Reparations (Art. 63(1)
American Convention on Human Rights), Judgment of September 10, 1993. Series C.
No. 15, para. 94; Caballero Delgado and Santana Case, Reparations, supra 40, para.
47 and the second operative paragraph; El Amparo Case, Reparations, supra 59,
para. 21, and Neira Alegría et al. Case, Reparations, supra 40, para. 42). The Court
also deems that the reimbursement awarded can be established on an equitable
basis, even in the absence of proof as to the precise amount of the expenses
claimed. (Ibid, para.42.
93.
For these reasons, the Court holds that in this situation it is equitable to
award US$ 2,000.00 (two thousand dollars of the United States of America) as
reimbursement for the expenses generated by the representations made on behalf of
Mr. Suárez Rosero before the domestic courts.
B. BEFORE THE INTER-AMERICAN SYSTEM
94.
Mr. Suárez Rosero expressly renounced the reimbursement of costs and
expenses resulting from the proceedings before the Commission. However, he
requested those corresponding to the processing of the case before this Tribunal,
which were broken down in the following manner:
a.
US$ 3,694.80 (three thousand, six hundred ninety-four dollars of the
United States of America and eighty cents), for the costs and expenses
of his attorney Richard Wilson, which were covered by American
University, during the preliminary objections and merits stages;
b.
US$ 3,200.00 (three thousand, two hundred dollars of the United
States of America), for the costs and expenses of attorney Alejandro
Ponce Villacís during the preliminary objections and merits stages;
c.
US$ 1,055.65 (one thousand, fifty-five dollars of the United States of
America and sixty-five cents), for the expenses of attorney Richard
Wilson during the reparations stage;
d.
US$ 1,260.00 (one thousand, two hundred sixty dollars of the United
States of America), for the costs of the Human Rights Clinic at
American University during the reparations stage;
e.
US$ 1,320.00 (one thousand, three hundred twenty dollars of the
United States of America), for the costs of attorney Alejandro Ponce
Villacís during the reparations stage.