131
Pleadings of the Commission
287. The Commission stated that the activities to seek justice in the instant case
are a direct result of the violations of rights committed by agents of the State and of
the fact that the national authorities did not react with the due diligence stipulated
by the American Convention. Therefore, the Court must recognize the reasonable
costs incurred by the legal representatives in the instant case, both under domestic
jurisdiction and before the bodies of the inter-American system.
Pleadings of the representatives of the next of kin of the victim
288. As regards legal costs and expenses, the representatives of the next of kin of
the victim stated the following:
a)
the Myrna Mack Foundation has incurred a number of expenses pertaining to
its litigation under domestic and international jurisdiction, adding up to
US$163,623.70 (one hundred and sixty-three thousand six hundred and
twenty-three United States dollars and seventy cents). In addition, they
requested US$104,399.93 (one hundred four thousand three hundred and
ninety-nine United States dollars and ninety-three cents) for expenses
incurred from September, 2001, to June, 2003, including administrative and
operational expenses to continue the proceeding before the Court, as well as
US$35,777.50 (thirty-five thousand seven hundred seventy-seven United
States dollars and fifty cents) for actions under domestic jurisdiction.
Therefore, the Myrna Mack Foundation asked this Honorable Court to
reimburse the expenses it incurred, which must be paid by the State as
compensation;
b)
the Lawyers Committee for Human Rights incurred expenses for its
work in the Mack case from 1990 to June, 2003, adding up to US$64,763.00
(sixty-four thousand seven hundred and sixty-three United States dollars);
c)
the law firm Wilmer, Cutler and Pickering incurred legal costs and
expenses and provided various legal services in its work on the Mach Chang
case. Due to the importance of this case, the firm decided to waive it usual
honoraria and asked the Court to assign it a symbolic amount of
US$50,000.00 (fifty thousand United States dollars);
d)
CEJIL has incurred a number of administrative and related expenses in
the process of juridically substantiating the application in the instant case
before the Court, for which reason they requested US$60,260.02 (sixty
thousand two hundred and sixty United States dollars and two cents);
e)
the law firm Hogan & Hartson, LLP has collaborated in the Myrna Mack
Chang case. Due to the importance of the case, the firm decided to waive its
usual honoraria and asked the Court to assign it a symbolic amount of
US$50,000.00 (fifty thousand United States dollars);
Pleadings of the State
289.
The State did not refer to legal costs and expenses.
Considerations of the Court
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