313. The representatives indicated that “the victims have incurred numerous expenses in
the steps taken before the domestic authorities to obtain the evidence for this case, as well
as numerous expenses that have arisen during the proceedings before the [Inter-American
Commission] and the Court, which include the disbursements made to attend the hearings
on admissibility, the hearing on merits, expenses for mail, copying documents, travel,
accommodation and meals, and the fees of expert witnesses.” They added that, owing to
“the new structure of the proceedings before the Inter-American Court, the representatives
of the victims have to cover all the travel costs and the payment of expert witnesses before
the Inter-American Court, as well as all the expenses of the proceedings before the InterAmerican Commission, all of this signifies very elevated litigation costs, that differ from
those incurred by the representatives of the victims in previous years when the [InterAmerican Commission] could provide financial support for the presentation of victims and
expert witnesses.” They indicated that “[s]ince [they did] not have all the vouchers, [they
asked] the Court that, in equity, it consider a reimbursement of US$50,000 for costs and
expenses generated in the domestic and the international jurisdictions.”
314. The State indicated that the representatives’ claim “was in excess of the standards
established by the Court, and therefore contested [this] request […] and ask[ed] the Court
to establish [this item] based on the different cases in which Ecuador has been sentenced,
which has never been more than US$20,000.00.”
Considerations of the Court
315. As the Court has indicated on previous occasions, costs and expenses are included in
the concept of reparations established in Article 63(1) of the American Convention.324
316. The Court reiterates that, in accordance with its case law,325 costs and expenses are
part of the concept of reparation, because the activities deployed by the victims in order to
obtain justice, at both the domestic and the international level, entail disbursements that
must be compensated when the State’s international responsibility has been declared in a
guilty verdict. With regard to their reimbursement, it is for the Court to make a prudent
assessment of their scope, which includes the expenses generated before the authorities of
the domestic jurisdiction, and also those incurred during the proceedings before the interAmerican 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 may be
made based on the equity principle and taking into account the expenses indicated by the
parties, provided that the quantum is reasonable.326
317. In this regard, the Court has indicated that “the claims of the victims or their
representatives concerning costs and expenses, and the evidence that substantiates these
must be presented to the Court at the first procedural moment granted to them; that is, in
the pleadings and motions brief, without prejudice to updating these claims subsequently, in
accordance with the new costs and expenses incurred owing to the proceedings before this
Court.”327 Furthermore, the Court reiterates that it is not sufficient to forward probative
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs, para. 79, and Case of Suárez
Peralta v. Ecuador, para. 217.
324
325
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs, para. 79, and Case of Suárez
Peralta v. Ecuador, para. 217.
326
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs, para. 82, and Case of Suárez
Peralta v. Ecuador, para. 218.
327
Case of Garrido and Baigorria v. Argentina. Reparations and costs, para. 79, and Case of Mohamed v.
Argentina, para. 173.
90