44
158. As ordered in other cases124, the Court also requires the State to adopt necessary measures
to train and educate prosecutors and judges, including officers of military criminal courts, on
international standards related to the judicial protection of human rights. As such, the State shall
also implement, within a reasonable time, permanent programs of education in human rights for
the aforementioned officers.
D)
LEGAL FEES AND EXPENSES
159. As previously indicated by the Court, costs and expenses are contemplated within the
concept of reparations enshrined in Article 63(1) of the American Convention125.
160. The Court takes into account that the Comisión Ecuménica de Derechos Humanos (CEDUH)
has incurred expenses in order to bring this case before the Inter-American Commission and before
this Court. Likewise, the Court notes that the CEDUH “has as its mission the defence of victims or
their families, free of cost, before state authorities or before the Inter-American system;
nevertheless, as an original petitioner it has incurred expenses in order to bring this case
throughout the proceedings” before the Inter-American system. For that reason, the CEDUH
considered that US$10,000.00 was a “reasonable amount,” although it asked to be allowed to
present evidence on its future expenses. In its final written arguments, the CEDUH presented
evidence on some expenses, which would add up to a total of US$1,871.63 for its most recent
expenditures. Hence, even though the representatives solicited reimbursement of their costs and
expenses, they only presented before this Court some documents evidencing those costs and
expenses incurred in bringing this case before the Court.
161. Considering the foregoing, the Court fixes in equity the amount of US$10,000.00 (ten
thousand United States dollars) to be reimbursed by the State to the CEDUH, in order to
compensate the costs made throughout the proceedings before the Inter-American system.
162. The State shall make the payment for costs and expenses within one year of the notification
of the present Judgment.
E)
TERMS OF COMPLIANCE WITH THE PAYMENTS ORDERED
163. Payment of compensations ordered in favor of the family members of Mr. Wilmer Zambrano
Vélez, Mr. José Miguel Caicedo Cobeña and Mr. Segundo Olmedo Caicedo Cobeña shall be made
directly to these individuals. With regard to compensations ordered in favor of minors, the State
shall deposit the said amounts in a solvent Ecuadorian banking institution. The deposit shall be
made within one year, in the most favorable financial conditions allowed by the legislation and
banking practice, and for as long as the beneficiaries remain minors. The amounts might be
claimed by these persons once they reach majority, if applicable, or before then if it is in the child’s
best interest, as determined by a competent judicial authority. If the compensation has not been
claimed once ten years have been elapsed from the date on which the individual reached majority,
the amount shall be returned to the State, with the interests accrued.
124
Cf. Case of La Cantuta, supra note 7, para. 241. See also Case of the Rochela Massacre, supra note 7, para. 303,
and Case of the Miguel Castro-Castro Prison, supra note 14, para. 452.
Cf. Case of Garrido y Baigorria. Reparations, supra note 37, para. 79; Case of the “White Van” (Paniagua-Morales
et al.). Reparations, supra note 14, para. 212; See also Case of La Cantuta, supra note 7, para. 243, and Case of the Miguel
Castro-Castro Prison, supra note 14, para. 455.
125