107
of work, at US$15,00 (fifteen United States dollars) an hour, adding up to
US$6,000.00 (six thousand United States dollars).
CEJIL also incurred
expenses for phone calls, courier, stationery, copies, and supplies; travel of
two persons from the United States to France to prepare the psychological
expert opinion and interview victims and witnesses; travel of CEJIL’s attorney
from Costa Rica to Ecuador to document the case and interview expert
witnesses; travel of an expert witness to Guayaquil to prepare the expert
opinion; travel of an attorney, the victim, Mr. Tibi’s former spouse, and an
expert witness from the United States, France, and Ecuador, respectively, to
Costa Rica, to appear at the public hearing before the Court. These items add
up to approximately US$20,000.00 (twenty-thousand United States dollars).
Pleadings of the State
267.
The State did not refer to costs and expenses.
Considerations of the Court
268. The Court has pointed out that costs and expenses are part of the concept of
reparations, embodied in Article 63(1) of the American Convention, since the activities
carried out by the victim, his successors or his representatives to obtain international
justice entail expenses and financial commitments, which must be compensated.185 In
regards to the reimbursement, it is for the Court to judiciously assess the amount,
encompassing expenses incurred under domestic venue and those incurred in the
proceeding before the inter-American system, taking into account certification of the
expenses incurred, the circumstances of the specific case, and the nature of
international jurisdiction for the protection of human rights. The estimate may be
based on the principle of fairness and assessing the expenses demonstrated by the
parties, as long as their quantum is reasonable.186
269. Costs include both the stage of access to domestic justice and the
international proceeding before the Commission and the Court.187
270. For this purpose, the Court deems it equitable to order payment of €37,282.00
(thirty-seven thousand two hundred and eighty-two euros), which must be given to
Daniel Tibi, for costs and expenses in the domestic proceeding and in the proceeding
before the inter-American system for the protection of human rights. This amount
includes €12,427.00 (twelve thousand four hundred and twenty-seven euros) for costs
and expenses in the domestic proceeding, and €24,855.00 (twenty-four thousand
eight hundred and fifty-five euros) for costs and expenses in the proceeding before the
bodies of the inter-American system.
XVI
MANNER OF COMPLIANCE
185
See Case of the Gómez Paquiyauri Brothers, supra note 8, para. 242; Case of the 19 Tradesmen,
supra note 9, para. 283; and Case of Molina Theissen. Reparations, supra note 9, para. 95.
186
See Case of the Gómez Paquiyauri Brothers, supra note 8, para. 242; Case of the 19 Tradesmen,
supra note 9, para. 283; and Case of Molina Theissen. Reparations, supra note 9, para. 95.
187
See Case of Molina Theissen. Reparations, supra note 9, para. 96; Case of Maritza Urrutia, supra
note 8, para. 183; and Case of Myrna Mack Chang, supra note 175, para. 290.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents