right to sue, subsequently, before an abitration body or in the national forum, any pending
amount for costs and expenses. In relation to the costs and expenses incurred during the
litigation before the Commission, payment of the amounts indicated in Annex 48(a) of the
pleadings and motions brief is requested, which must be paid directly to the victims.
201. The State argued that the representatives did not demonstrate that the law firms
that intervened in the domestic sphere had provided services exclusively in sponsoring the
case, and that additionally, the invoices demonstrating such matter were not presented.
Additionally, it stated that the amount requested is excessive, for which it requests that an
amount of between five thousand and ten thousand United States dollars be set.
202. The Court reiterates that, in accordance with its case law, 243 the costs and expenses
are part of the concept of reparation, since the activity carried out by the victims in order
to obtain justice, both at the national and international levels, implies expenses that must
be compensated when the international responsibility of the State is declared through a
conviction. Regarding the reimbursement of costs and expenses, it is up to the Court to
prudently assess their scope, which includes the expenses generated before the authorities
in the domestic jurisdiction, as well as those generated in the course of the process before
the Inter-American System, taking into account the circumstances of the specific case and
the nature of the international jurisdiction for the protection of human rights. This
assessment can be made based on the principle of equity and taking into account the
expenses indicated by the parties, provided that their quantum is reasonable. 244
203. In addition, the Court has indicated that it is necessary that, when dealing with
alleged economic disbursements, the representatives clearly establish the items and their
justification. 245 In this case, the evidence provided by the representatives and the
corresponding arguments do not allow a complete justification of the amounts requested.
However, the Court considers that such procedures necessarily involved pecuniary
expenditures, for which it determines reasonable to establish, in equity, the payment of a
total amount of US$40,000.00 (forty thousand United States dollars) for costs and
expenses. Said amount must be delivered and divided equally between the lawyers who
participated in the domestic litigation and those who participated in the litigation before the
Commission and the Inter-American Court. In the stage of monitoring compliance with this
Judgment, the Court may order the State to reimburse the victim or his representatives for
the reasonable expenses incurred in said procedural stage. 246
H. Method of compliance with payments ordered
204. The State must pay the compensation ordered for pecuniary and non-pecuniary
damage and the reimbursement of costs and expenses established in this Judgment,
directly to Mr. Emilio Palacio Urrutia, and for non-pecuniary damage to the persons indicated
243
Cf. Case of Garrido y Baigorria v. Argentina. Reparations and Costs. Judgment of August 27, 1998.
Series C No. 39, par. 82, and Case of Manuela et al. v. El Salvador, supra, par. 317.
244
Cf. Case of Garrido y Baigorria v. Argentina, supra, par. 82, and Case of Manuela et al. v. El Salvador,
supra, par. 317.
245
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra, par. 277 and Case of Manuela et al.
v. El Salvador, supra, par. 318.
246
Cf. Case of Gudiel Álvarez et al. (Diario Militar) v. Guatemala. Interpretation on Judgment on Merits,
Reparations and Costs. Judgment of August 19, 2013. Series C No. 262, par. 62 and Case of Manuela et al. v.
El Salvador, supra, par. 319.
62
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