82. This is also the position of the Inter-American Court of Human
Rights which, in a
matter, declared that:
“... the Court considers that it is not sufficient to remit probative documents; rather the parties
must develop the reasoning that relates the evidence to the fact under consideration, and, in the
case
of alleged
financial
disbursements,
the
items
and
their justification
must
be described
clearly.”3"
83. In the instant case, the Applicants presented an extract of the Indicative Scale of
Costs and Fees of Lawyers of Burkina Faso dated 20 December 2003 as well as the fees
agreements signed with the lawyers in 2010.
84. If we take the Indicative Scale into account, it becomes apparent that the lawyers
would be entitled to 150,000
CFA
F for opening the case;
150,000 CFA F
for legal
assistance and representation; 25,000 per session before the Court of First Instance;
350,000
for legal assistance
and
representation
before the Court of Appeal
and
a
percentage of the amount of the reparation which would have been paid to the victims in
the civil suit. Considering that in the instant case no civil damages were paid to the victims
by the domestic jurisdictions, it would not be possible to set with clarity, any global amount
based on the Indicative Scale.
85. Going by the fees agreements, the lawyers would be entitled to 250,000 CFA F for
the opening of the case, and 25,000,000 for their legal assistance and representation.
This will give 25,250,000 CFA F per family, or a total of 101,000, 000 CFA F which the
Applicants have rounded up at 100,000,000 CFA F.
86. In the opinion of the Court, the amount calculated on the basis of the Indicative Scale
would be too low if account is taken, inter alia, of the difficulties the lawyers must have
faced
during the domestic
proceedings,
especially on account of the length of the
31 |ACHR: Chaparro Alvarez and Lapo Ifiguez v. Ecuador (Preliminary Objections, Merits, Reparations and
Costs) Judgment of 21 November 2007 para, 277; See also: ECHR Sahin v. Germany, Judgement of 8
July 2003, para. 105: "Costs and expenses will not be awarded under Article 41 unless it is established that
they were actually and necessarily incurred and are also reasonable as to the quantum .... Furthermore,
legal costs are only recoverable in so far as they relate to the violation found.”
.
e
=
8
a