146
witnesses, expert witnesses and lawyers to San José, Costa Rica, for the
public hearing before the Court amount to US$44,225.68 (forty-four thousand
two hundred and twenty-five United States dollars and sixty-eight cents); and
(d)
With regard to the costs or legal fees, in keeping with the domestic
law, legal fees are established according to amounts established by the
Lawyers’ Professional Association. In article 16(2)3 of Resolution 1 of June 5,
2004, this Professional Association established that, in the case of actions for
annulment or re-establishment of a right processed in the administrative
jurisdiction, that is for the extra-contractual responsibility of the State, the
minimum honoraria is 30% of the amount collected. When the action filed
produces results in two instances, article 3(3) of this resolution establishes
“as a minimum, 30% of the value of the honoraria agreed for the first
instance.” Consequently, this means 30% for the first instance and 9% for the
second instance, for a total of 39%.
The State’s arguments
413.
Regarding the payment of costs and expenses, the State indicated that:
(a)
In order to recognize an expense, it must be necessary and reasonable
according to the characteristics of the case, and made in direction relation to
the case;
(b)
It is unable to accept the reimbursement of expenses unless there is a
minimum certainty about the amounts and concepts;
(c)
The costs arising from the administrative proceedings will have to be
defined in the final judgments that are issued in these proceedings; and
(d)
To the extent that the principle of gratuity rules in criminal matters,
and that the next of kin of the victims have not filed specific actions within
the investigation that is underway, there are no costs to be reimbursed in this
respect.
The Court’s findings
414. As the Court has indicated previously,281 costs and expenses are included in
the concept of reparations embodied in Article 63(1) of the American Convention,
because the activity deployed by the next of kin of the victims or their
representatives in order to obtain justice at both the national and the international
level entails expenditure that must be compensated when the State’s international
responsibility is declared in a judgment against it. Regarding their reimbursement,
the Court must prudently assess their scope, which includes the expenses incurred in
both the domestic and the inter-American jurisdiction, taking into account the
authentication of the expenses incurred, 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 and taking into account the
expenses indicated and authenticated by the parties, provided the quantum is
reasonable.
281
Cf. Case of Baldeón García, supra note 5, para. 208; Case of the Sawhoyamaxa Indigenous
Community, supra note 9, para. 237; and Case of Acevedo Jaramillo et al., supra note 12, para. 315.
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