documents; rather the parties are required to provide arguments that relate the evidence to
the fact that it is considered to represent and, in the case of alleged financial
disbursements, the items and their justification must be clearly established.328
318. In the instant case, the file does not contain any precise probative elements to
support the costs and expenses incurred by the victims’ representatives.
319. Nevertheless, the Court can infer that the representatives incurred expenditure to
attend the hearings of this case in Washington and in Medellín (supra para. 7), as well as
expenses relating to the exercise of legal representation, such as forwarding their briefs, as
well as communication expenses during the proceedings before this Court. It is also
reasonable to suppose that, during the years that this case was processed before the
Commission, the victims and the representatives had to make financial outlays. Taking all
this into account, and given the absence of vouchers for these expenses, the Court
establishes, in equity, that the State must deliver the sum of US$7,000.00 (seven thousand
United States dollars) for costs and expenses in the litigation of this case.
F.
Method of complying with the payments ordered
320. The State must pay the compensation for pecuniary and non-pecuniary damage and
to reimburse costs and expenses established in this Judgment directly to the persons
indicated herein, within one year of notification of this Judgment, in accordance with the
following paragraphs. If the beneficiaries have died or die before the respective
compensation is delivered to them, this shall be delivered directly to their heirs, in
accordance with the applicable domestic law.
321. The State must comply with the pecuniary obligations by payment in United States
dollars.
322. If, for reasons that can be attributed to the beneficiaries of the compensation or their
heirs, it is not possible to pay the amounts established within the indicated time frames, the
State shall deposit the said amounts in their favor in an account of certificate of deposit in a
solvent Ecuadorian financial institution, in United States dollars, and in the most favorable
financial conditions permitted by banking law and practice. If, after ten years, the amount
established has not been claimed, it shall be returned to the State with the interest accrued.
323. The amounts established in this Judgment as compensation for pecuniary and nonpecuniary damage, and to reimburse costs and expenses must be delivered to the persons
indicated integrally, as established in this Judgment, without any deductions derived from
possible taxes or charges, within one year of notification of this Judgment.
324. If the State should fall in arrears, it must pay interest on the amount owed
corresponding to banking interest on arrears in Ecuador.
325. In keeping with its consistent practice, the Court reserves the faculty inherent in its
attributes, and also derived from Article 65 of the American Convention, to monitor full
compliance with the Judgment. The case will be concluded when the State has complied
fully with the provisions of this Judgment.
328
Case of Chaparro Álvarez and Lapo Íñiguez. v. Ecuador, para. 277, and Case of Rosendo Cantú et al. v.
Mexico, para. 285.
91