324. The committee mentioned in the preceding paragraph will be responsible for determining how the development fund is implemented and must be established within six months of the delivery of the lands to the members of the Community, with three members: a representative of the indigenous Community, a representative of the State and a third member appointed by mutual agreement between the victims and the State. If the State and the representatives fail to reach agreement regarding the members of the implementation committee within the said time frame, the Court will decide. 325. Moreover, in light of the conclusions reached in the chapter of this judgment on Article 4(1) of the Convention, the Court considers it appropriate, in accordance with the equity principle, and based on a prudent assessment of the non-pecuniary damage, that the State pay the sum of US$260,000.00 (two hundred and sixty thousand United States dollars) to the leaders of the Xákmok Kásek Community. This compensation for non-pecuniary damage for the members of the Community who died (supra para. 234) must be made available to the said leaders of the Community within one year of notification of this judgment, so that, in accordance with their customs and traditions, they may distribute the amount that corresponds to each family member of those who died or invest the money as the Community sees fit, in keeping with its own decision-making procedures. 7. Costs and expenses 326. The Commission and the representatives asked that the State be ordered to pay the costs and expenses incurred in processing the judicial, administrative, and legislative proceedings filed by the victims or their representatives at the domestic level, as well as those arising at the international level during the processing of the case before the Commission and the Court. 327. In their final written arguments, the representatives requested US$32,534.17 (thirty-two thousand five hundred and thirty-four United States dollars and seventeen cents), which includes items for fieldwork, travel to the Inter-American Commission, travel to litigate before the Court, and mailing expenses. 328. The State indicated, with regard to the request for payment of costs and expenses related to the domestic proceedings, that “all the proceedings filed by [the] lawyers were insufficient and inconclusive.” It also indicated that “the Community’s representatives are abusive, because, in addition to their negligence in the professional task entrusted to them, they add the absurd request to order the State to pay costs that they do not deserve owing to the deficient service provided.” 329. The Court has indicated that “the claims of the victims or their representatives with regard to costs and expenses, and the vouchers that support them, must be presented to the Court at the first procedural moment granted them, that is, in the pleadings and motions brief; this does not preclude them from updating these claims subsequently, in keeping with the new costs and expenses incurred in the proceedings before this Court.”315 Furthermore, the Court reiterates that “the submission of probative documents is not sufficient; the parties are also required to present arguments that relate the evidence to the fact represented and, in the case of alleged 315 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. 275; Case of the “Dos Erres” Massacre v. Guatemala, supra note 12, para. 302, and Case of Chitay Nech et al. v. Guatemala, supra note 8, para. 284. 74

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