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.
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