170 Pleadings of the Commission 319. The State must pay the duly proven costs and expenses, given the special characteristics of the case. 320. Pleadings of the representatives a) during its work, from 1997 to January 2004, both domestically and internationally, in the case of the Mapiripán Massacre, the Corporación Colectivo de Abogados incurred expenses that added up to US$ 129,691.28; and b) during the four years of litigation before the inter-American system, CEJIL has incurred numerous expenses in connection with the litigation, which “go far beyond the amount requested of the Court regarding costs of litigation.” The expenses claimed by CEJIL with regard to litigation before the Inter-American System add up to US$ 51,905.78. 321. Pleadings of the State a) in many cases there are no invoices for disbursement of the amounts given to the attorneys of the Colectivo de Abogados. Furthermore, the expenses for maintaining the offices of the Colectivo de Abogados should be proportional to all the activities they carry out, rather than include all expenses, during the period in which they were involved in the proceeding; and b) costs stemming from the administrative-law proceedings will be established in the final decisions reached there. Furthermore, there are no costs to reimburse regarding criminal and disciplinary actions. Considerations of the Court 322. As the Court has already pointed out before,295, costs and expenses are included under the concept of reparations embodied in Article 63(1) of the American Convention, since activities by the next of kin of the victims or their representatives seeking to obtain justice, both domestically and internationally, entail disbursements that must be compensated when judgment finds the State internationally responsible. With regard to their reimbursement, the Court must judiciously assess their scope, including expenses incurred under domestic venue, as well as those generated by the proceeding before the inter-American system, taking into account certification of the expenses incurred, the circumstances of the specific case, and the nature of international jurisdiction for the protection of human rights. This assessment must be based on the principle of fairness and take into account the expenses listed and proven by the parties, insofar as their quantum is reasonable. 323. The concept of costs, for the purposes of this examination, encompasses both those regarding access to justice at the national level, and those with regard to 295 See Case of Yatama, supra note 7, para. 264; Case of the Indigenous Community Yakye Axa, supra note 12, para. 231, and Case of the Moiwana Community, supra note 4, para. 222.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents