owing to the violations declared in this Judgment, the Court finds it pertinent to establish, in equity, the sum of US$1,250,000.00 (one million, two hundred and fifty thousand United States dollars) for the Sarayaku People as compensation for non-pecuniary damage. This amount must be paid to the Association of Sarayaku People (Tayjasaruta), within one year of notification of this Judgment, so that the money may be invested as the People see fit, in accordance with its own decision-making mechanisms and institutions, among other aspects, for the implementation of educational, cultural, food security, health care and eco-tourism development projects or other community infrastructure projects or projects of collective interest that the People considers a priority. D. Costs and Expenses 324. As the Court has indicated on previous occasions, costs and expenses are included under the heading of reparations established in Article 63(1) of the American Convention.372 D.1 Arguments by the parties 325. The Commission asked the Court, “after hearing the representatives of the injured party, to order the State to pay the costs and expenses […], taking into account the special characteristics of the case.” 326. The representatives asked the Court to order the State to pay costs and expenses for the Sarayaku People, and its representatives, Mario Melo and CEJIL, for the following disbursements: expenses incurred by the People;373 expenses incurred by the lawyer Mario Melo before the interAmerican system,374 and expenses incurred by CEJIL.375 In total, they requested that the Court establish in equity the sum of US$152,417.26 for costs and expenses. 372 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 Forneron and daughter v. Argentina, para. 198. 373 Regarding this item, they indicated that, “over the past seven years, activities related to the case have obliged Sarayaku leaders and members to travel regularly to Puyo and Quito (Ecuador), Washington DC (United States of America), Asunción (Paraguay) and San José (Costa Rica).” They added that, while some of the expenses incurred have been covered by non-governmental organizations, other expenses have had to be covered by the Sarayaku People and that “these expenses amount […] to a US$5,000 a year. […] Since the Sarayaku People have not saved receipts for most of the expenses incurred, they are asking the Court to order, in equity, payment of a total of US$35,000.” In their final written arguments, the representatives indicated that the Sarayaku People had received support from the Victims’ Legal Assistance Fund of the Court, and therefore they did not request the reimbursement of any expenses additional to those included in the pleadings and motions brief. 374 The representatives requested the reimbursement of the costs and expenses arising from the defense undertaken by the lawyer Mario Melo, as a member of the team of the Centro de Derechos Económicos y Sociales (CDES) between 2003 and 2007, and as a member of the Pachamama Foundation team from 2007 to date. In particular, they indicated that “the costs arising from their professional services and the costs of travel to places such as Puyo and Sarayaku in Ecuador, Washington DC (United States of America) and San José (Costa Rica) to take different measures in this case, the collection of evidence and the notarization of documents have been covered by the CDES and the Pachamama Foundation at an average cost of US$13,569.97 a year.” Therefore, they requested that the Court order a payment, in equity, to cover the costs incurred by the CDES and the Pachamama Foundation. In their final written arguments, they requested, in addition to the aforementioned costs and expenses, reimbursement of costs and expenses incurred by representatives of the Kichwa People of Sarayaku from the presentation of the pleadings and motions brief in September 2010 to the holding of the public hearing in this case at the seat of the Court in Costa Rica. Accordingly, they asked the Court to order payment, in equity, to the said organizations, CDES and Pachamama, of US$13,569.97. In total, they asked the Court to establish in equity the sum of US$73,569.97. 375 The representatives asked the Court to order the State to reimburse the Center for Justice and International Law (CEJIL), for costs and expenses incurred in representing the victims and their families in the international proceedings starting in 2003 and to establish in equity the sum of US$28,056.29 for expenses, and that this payment be made by the State directly to the representatives. In addition, they asked the Court to establish in equity the sum of US$15,791.00 to cover the costs incurred by CEJIL from the presentation of the pleadings and motions brief up until the present. Lastly, they asked that they be awarded any future expenses that arise; these include, inter alia, “travel and additional expenses of witnesses and experts to any possible hearing before the Court; travel by the representatives to the Court; and the costs involved in obtaining future evidence.” In total they asked the Court to establish in equity the sum of US$43,847.29. 88

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