60
179. In their final written arguments, the representatives of the victim indicated
that they had incurred expenses amounting to US$32,816.00 (thirty-two thousand
eight hundred and sixteen United States dollars); this includes administrative
expenses, disbursements related to the public hearings held in 1999 and 2001 in
Washington D.C. and expenses relating to the public hearing held in San José in
2003.
Arguments of the Commission
180. The Commission indicated that the State is obliged to reimburse the expenses
and costs incurred by CALDH for the measures it has taken in the international
sphere by processing the case before the Commission and the Court.
Arguments of the State
181.
The State did not refer to the payment of costs and expenses.
Considerations of the Court
182. As the Court has indicated on previous occasions,122 it should be understood
that costs and expenses are included in the concept of reparation embodied in Article
63(1) of the American Convention, because the measures taken by the victim, his
successors or his representatives to accede to international justice imply expenditure
and commitments of a financial nature that must be compensated. Regarding
reimbursement, the Court must prudently assess their scope, which includes the
expenses incurred before the authorities of the domestic jurisdiction and also those
incurred during the proceedings before the inter-American system, taking into
account verification of the expenses incurred, the circumstances of the specific case,
and the nature of the international jurisdiction for the protection of human rights.
This assessment may be based on the principle of fairness and by evaluating the
expenses indicated by the parties, providing the amount is reasonable.123
183. This Court has stated previously that the concept of costs should include
those corresponding to the stage of access to justice at the national level and those
relating to justice at the international level, before the Commission and the Court.124
184. To this end, since sufficient evidence was not submitted to support these
expenses, the Court considers that it is fair to recognize to the victim and to her
representative, the Centro para la Acción Legal en Derechos Humanos (CALDH), the
sum of US$6,000.00 (six thousand United States dollars) as reimbursement for the
expenses and costs incurred before the inter-American system.
122
Cf. Bulacio case, supra note 14, para. 150; Juan Humberto Sánchez case, supra note 14, para.
193; and Las Palmeras case. Reparations, supra note 15, para. 82.
123
Cf. Bulacio case, supra note 14, para. 150; Juan Humberto Sánchez case, supra note 14, para.
193; and “Five Pensioners” case, supra note 14, para. 181.
124
Cf. Cf. Bulacio case, supra note 14, para. 150; Juan Humberto Sánchez case, supra note 14,
para. 193; and Las Palmeras case. Reparations, supra note 15, para. 75.