argued that because no violation had been declared that entailed State responsibility, it
would not be appropriate to order costs and expenses for Mr. Aguinaga Aillón. They
added that, because these alleged outlays pertained to activities for processing the case,
the representatives should be required to back their claims with vouchers, but this had
not happened in the instant case.
138. The case file contained no evidentiary material on costs and expenses incurred
by the representatives for processing the case before the inter-American system, nor
had there been a request for a specific amount. Nevertheless, the Count finds that these
proceedings necessarily required monetary outlays and therefore orders the State to pay
Mario Melo Cevallos and Sofía Pazmiño Yañez, who had served as representatives for
Mr. Aguinaga Aillón in this case, the amount of USD 15,000.00 (fifteen thousand United
States dollars) for costs and expenses, divided equally between the two of them. The
Court may also order the State to further reimburse the victim or his representative for
reasonable expenses incurred during the procedural stage of monitoring compliance with
the judgment.
G. Method of compliance with the payments ordered
139. The State must release payment of the compensation for reinstatement,
pecuniary and nonpecuniary damages and reimbursement of costs and expenses ordered in
this judgment directly to the individuals named herein within one year of the date of
notification of the judgment, with the understanding that it may complete the payments
sooner, in the terms given below.
140. If the beneficiaries have passed away or should pass away prior to payment of
their due compensation, the money shall be delivered directly to their heirs under the
terms of applicable domestic legislation.
141. The State must meet its monetary obligations by means of payment in United
States dollars.
142. If for causes attributable to the beneficiaries of the compensation or their heirs it
should prove impossible to pay the amounts established within the required term, the
State shall deposit the amounts in their names into an account or certificate of deposit
in a sound Ecuadorian financial institution, in United States dollars, under the most
favorable financial conditions allowed by law and by banking practice. If the
compensation has not been claimed after ten years, the money shall revert to the State
with interest. If this type of instrument should be unavailable, the State shall safeguard
the funds, keeping them available within the country for the ten-year term.
143. The amounts allocated under this judgment as reinstatement, satisfaction,
compensation for pecuniary and nonpecuniary damage and reimbursement of costs and
expenses shall be disbursed in their entirety to the assigned individuals, as ordered in
this judgment, with no deductions for potential fiscal fees.
144. If the State should fall behind on these payments, it must pay interest on the
amount owed, based on overdue interest rates in effect for banks in Ecuador.
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