294. The Court has indicated that “the claims of the victims or their representatives concerning
costs and expenses, and the evidence that support them, must be presented to the Court at the
first procedural moment granted them; that is, in the motions and arguments brief, without
prejudice to those claims being updated subsequently, in keeping with the additional costs and
expenses incurred owing to the proceedings before this Court.” 405 Furthermore, the Court
reiterates that it is not sufficient to merely forward probative documents; rather, the parties must
explain how the evidence relates to the fact that it is considered to represent and, in the case of
financial disbursements, the items and their justification must be clearly established. 406
295. Regarding the expenses incurred by the next of kin in the initial stages, the Court has
already assessed these under the concept of consequential damage. In the case of the work of
APRODEH, which has supported the next of kin of Jeremías Osorio Rivera in the investigation and
litigation of this case at the domestic and the international levels from 1997 to date, the only
vouchers submitted correspond to expenses for travel, accommodation, food and per diem to
attend the hearing on this case held before the Court in San José, Costa Rica.
296. Consequently, the Court decides to establish, in equity, the sum of US$10,000.00 (ten
thousand United States dollars) for the Asociación Pro Derechos Humanos (APRODEH) to reimburse
costs and expenses for its work in the litigation of the case at the domestic and the international
levels since 1997. This amount must be delivered directly to the organization. The Court considers
that, in the proceeding on monitoring compliance with this Judgment, it may decide that the State
must reimburse the victims or their representatives any reasonable expenses they incur during that
procedural stage.
F.
Reimbursement of expenses to the Victims’ Legal Assistance Fund
297. In 2008, the General Assembly of the Organization of American States established the Legal
Assistance Fund of the Inter-American Human Rights System, “in order to “facilitate access to the
inter-American human rights system by persons who currently lack the resources needed to bring
their cases before the system.” 407 In this case, the financial assistance required to cover the travel
and living expenses required for Porfirio Osorio Rivera and Avelino Trifón Guillén Jáuregui to appear
before the Court and to testify during the public hearing held at the seat of the Court in San José,
Costa Rica, was granted from this Fund, as well as the cost of preparing and sending the affidavit
of a deponent proposed by the representatives (supra para. 7).
298. The State had the opportunity to present its observations on the disbursements made in
this case, which amounted to US$3,306.86. Peru indicated that the details of the expenses
indicated had been certified by the Court’s Secretariat, and therefore had sufficient credibility. In
addition, these disbursements are in keeping with the provisions of the Orders of the acting
President of the Court for this case of July 8 and March 12, 2013. However, the State recalled that,
before ordering a State to reimburse the expenses incurred to the Fund, the Court must determine
405
Case of Garrido and Baigorria v. Argentina. Reparations and costs, supra, para. 79, and Case of the Constitutional
Tribunal (Camba Campos et al.) v. Ecuador, supra, para. 317.
406
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador. Preliminary objections, merits, reparations and costs.
Judgment of November 21, 2007. Series C No. 170, para. 277, and Case of Luna López v. Honduras, supra, para. 259.
407
AG/RES. 2426 (XXXVIII-O/08), Resolution adopted by the thirty-eighth General Assembly of the OAS, during the
fourth plenary session, held on June 3, 2008, “Creation of the Legal Assistance Fund of the Inter-American Human Rights
System,” operative paragraph 2(b), operative paragraph 2(a), and CP/RES. 963 (1728/09), Resolution adopted by the OAS
Permanent Council on November 11, 2009, “Rules of Procedure for the Legal Assistance Fund of the Inter-American Human
Rights System,” article 1(1).
96
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents