328. As the Court has stated on previous occasions,1 costs and expenses are included under the concept of reparation embodied in Article 63(1) of the American Convention, because the activities carried out by the next of kin of the victim with the aim of attaining justice, both under domestic and international jurisdiction, entail disbursements which should be compensated when the State is found to be internationally responsible by means of a condemnatory judgment. As regards its reimbursement, it is for the Court to prudently assess its scope, including expenses incurred before the authorities under domestic jurisdiction and those incurred in the course of the proceedings before the inter-American system, bearing in mind the circumstances of the specific case and the nature of international jurisdiction for the protection of human rights. This assessment can be based on the principle of fairness and take into account the expenses declared by the parties, insofar as their quantum is reasonable.
329. In the matter of recognition of costs and expenses, legal assistance to the victims does not begin at the reparations phase; instead, it begins when the case is before the domestic courts and continues through the successive stages of the inter-American system for the protection of human rights, in other words, the proceedings before the Commission and before the Court. For purposes of the instant case, costs also begin with the attempts to get the case before the domestic courts and proceedings before the two bodies at the international level: the Commission and the Court.2 330. In the instant case, the Court deems it fair and just to order, in equity, the following sums for costs and expenses: the sum of US$ 5,000.00 (five thousand United States dollars) or its equivalent in the State’s national currency, which amount is to be paid to the Tekojojá Foundation for its role in filing the petition of generic habeas corpus and the petition filed with the Inter-American Commission on Human Rights; and the sum of US$ 12,500.00 (twelve thousand five hundred United States dollars) or its equivalent in the State’s national currency, which is to be paid to the Center for Justice and International Law (CEJIL) for litigating the case before the Inter-American Commission and the Inter-American Court. The Court has decided that the sums in question are to go directly to the two organizations in question, owing to the absence of a single representative for all the parties and because the victims are so many in number and so widely scattered.