49
b)
as far as the assessment of the costs incurred in the international
proceedings, the Court may determine their amount on the basis of its
reasonable discretion.
Considerations of the Court
116. As the Court has stated on previous occasions,49 the costs and expenses are
contemplated within the concept of reparations as enshrined in Article 63(1) of the
American Convention, since the victims’ efforts to obtain justice in the domestic as
well as international levels lead to expenses that must be compensated when the
State’s international responsibility has been determined in a conviction judgment.
With regard to their reimbursement, the Court must prudently assess their extent,
which involve the expenses incurred when acting before the authorities with
domestic jurisdiction as well as those incurred in the course of proceedings before
the Inter-American System, taking into account the particular circumstances of the
specific case and the nature of international jurisdiction in the protection of human
rights. Such estimate must be made on grounds of equitable principles and in
consideration of the expenses submitted and evidenced by the parties, as long as
their amount be reasonable.
117. By reason of the foregoing, the Court considers proper to order the State to
pay, by way of costs and expenses in this case, US$ 25,000.00 (twenty five
thousand United States Dollars) to Mr. Wilson Gutiérrez-Soler. Of such total
amount, the sum of US$ 20,000.00 (twenty thousand United States dollars) shall be
applied to defray the costs and expenses of the Corporación Colectivo de Abogados
“José Alvear Restrepo” (Lawyers’ Institutional Group “José Alvear Restrepo”), and
the sum of US$ 5,000.00 (five thousand United States Dollars) shall be applied to
defray those of CEJIL.
XI
METHOD OF COMPLIANCE
118. In order to comply with this Judgment, Colombia will have to pay the
compensations (supra paras. 76, 78, 85 and 103), and reimburse costs and
expenses (infra para. 117) within a year from the date the notice of the judgment is
served upon it. Regarding publication of the pertinent sections of the judgment
(supra para. 105), the State shall comply with such measure within six months from
the date the notice of judgment is served upon it. Regarding the other measures
ordered without fixing a specific delay, the State must comply with them within
reasonable time from the date the notice of judgment is served upon it.
119. Payment of compensations fixed shall be made in accordance with the
provisions of paragraph 70 herein.
120. Payments covering reimbursements of costs and expenses shall be made to
Mr. Wilson Gutiérrez-Soler, who shall make the corresponding payments in
accordance with the provisions of paragraph 70 herein.
49
Cf. Case of YATAMA, supra note 3, para. 264; Case of the Indigenous Community Yakye Axa,
supra note 7, para. 231; and Case of the Moiwana Community, supra note 9, para. 222.
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