be reasonable that [...] the Court order the State to reimburse to the CEDH "[...] the
amount of 15,000 dollars." However, lacking evidence of "all the expenses incurred,"
the representatives requested the Court to "determine how much the State should
provide to the CEDHU" based on its jurisprudence and equity.
160. The State has not taken a position regarding the claims of the representatives
on costs and expenses.
161. As the Court has indicated previously, costs and expenses are included in the
concept of reparations, when the actions taken by the victims in order to obtain
justice at both the domestic and the international levels involve expenditure that
should be compensated when the State’s international responsibility is declared in a
judgment that returns a guilty verdict. Regarding reimbursement, the Court must
prudently assess the scope, which includes the expenses incurred before the
authorities of the domestic system of justice, as well as those arising from the
proceedings before this Court, taking into account the circumstances of the specific
case and the nature of the international jurisdiction for the protection of human
rights. This assessment may be based on the principle of equity, taking into
consideration the expenses indicated by the parties, provided the quantum is
reasonable. 115
162. The Court has noted repeatedly that “the claims of the victims or their
representatives in regards to costs and expenses, and the evidence that sustains it,
must be presented to the Court in the first procedural moment granted, namely, in
the brief of motions and pleadings, without detriment that such claims are updated
at a later time, pursuant to the new costs and expenses that are incurred in the
proceeding.116 In this regard, it was found that the representatives incurred expenses
related to the handling of this case before the domestic courts and before the
Commission and this Court regarding professional services, mailing expenditures,
airplane tickets, lodging expenses, and other expenses related to visas and
departure taxes, etc., related to the public hearing in San Jose, Costa Rica, for which
they submitted the receipts of such expenses. Nevertheless, the Court notes that the
presentation of the receipts and the requests for payment of professional services of
Mr. Edison Burbano Portilla, the expenses related to travel and lodging of Attorney
Xavier Mejía and Mr. Mejía Idrovo in the City of Washington in the year 2008, as well
as some expenses incurred by CEDHU before the Commission were timebarred(supra para. 39) and is therefore inadmissible.
163. Notwithstanding the foregoing, and considering that the victims or their
representatives have incurred certain expenses, the Court sets a total amount of $
15,000.00 (fifteen thousand dollars of the United States of America) for costs and
expenses incurred in the litigation of the Inter-American proceeding. This amount
must be delivered to Mr. Mejía Idrovo, who in turn must pay the amount
corresponding to the persons or organizations, which have represented him.
115
Cf. Case of Garrido and Baigorria V. Argentina, supra note 114, para. 82; Case of Abrill Alosilla
V. Perú, supra note 19, para. 137, and Case of Vera Vera et al. V. Ecuador, supra note 12, para. 144.
116
Cf. Case of Chaparro Álvarez and Lapo Iñiquez V. Ecuador. Preliminary Objections, Merits,
Reparations and Costs. Judgment of November 21, 2007. Series C. No. 170, para. 275; Case of of
Salvador Chiriboga V. Ecuador. Reparations and Costs, supra note 98, para. 138, and Case of Abrill
Alosilla V. Perú, supra note 19, para. 137.
47
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