of USD 31,778.10 in equity for expenses. The representatives, in their final written arguments,
itemized expenses incurred after the brief with pleadings, motions and evidence had been
submitted, for the preparation of the exercise of reconstruction of the facts held in Lima, Peru,
and participation in the public hearing in San Jose, Costa Rica. They estimated that APRODEH
had spent USD 3,719 for this purpose, and CEJIL, USD 8,404.
487. The State held that in order to calculate court costs and attorney fees, it is necessary
to verify whether the representatives’ expenditures are reasonable for the task of defending
the alleged victims. In general terms, it recognized the possibility of payment vouchers,
internal documents of the representatives, proformas, and so forth, recording expenditures in
amounts that are unreasonable for the defense of the alleged victims and bear no relationship
to the current international process. The State reiterated in its final written arguments that
court costs and attorney fees are admissible only if there are receipts, travel tickets or other
documents confirming that the expenses were in fact incurred for this process, and emphasized
that APRODEH had not submitted any receipts or other documents and that the claims for
court costs and attorney fees should be directly related to the instant case and the
development of the process per se, with the understanding that all claimed amounts that do
not pertain to and are not associated with this particular case are precluded.
Considerations of the Court
488. The Court reiterates that, pursuant to its case law, 513 court costs and attorney fees are
part of the body of reparations because the activities undertaken by the victims to obtain
justice both nationally and internationally require outlays that should be covered when the
Court judges the State to be internationally responsible. With respect to reimbursement for
these costs and fees, it is the Court’s responsibility to prudently assess their scope, which
includes expenses incurred before domestic legal authorities, as well as those incurred in the
course of the proceedings before the inter-American system, keeping in mind the
circumstances of the specific case and the nature of international jurisdiction for the protection
of human rights. This assessment can be done on the basis of the principle of equity and taking
into account the expenses declared by the parties, provided the amounts are reasonable. 514
489. The Court has held that “the claims of the victims or their representatives in relation to
costs and expenses, and the evidence supporting them, must be presented to the Court at the
first procedural opportunity granted them, namely, in the brief containing pleadings and
motions, without prejudice to those claims being updated subsequently, to include new costs
and expenses incurred as a result of the proceedings before this Court.”515 The Court also
recalls that it is not enough to merely remit probative documents; rather the parties must
develop the reasoning linking the evidence to the fact under consideration and, in the case of
alleged financial outlays, the items of expenditure and their justification must be described
clearly.516
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs, supra, para. 42, and Case of Espinoza
Gonzáles v. Peru, supra, para. 337.
513
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and Costs. Judgment of August 27, 1998. Series
C No. 39, para. 82, and Case of Espinoza Gonzáles v. Peru, supra, para. 337.
514
Case of Garrido and Baigorria v. Argentina. Reparations and Costs, supra, para. 79, and Case of Argüelles
et al. v. Argentina, supra, para. 297.
515
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 Espinoza Gonzáles v. Peru, supra,
para. 337.
516
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