361. The Court reiterates that, according to its case law, 352 costs and expenses form
part of the concept of reparation, because the actions taken by the victims in order to
obtain justice, at both the domestic and the international level, entail disbursements
that must be compensated when the international responsibility of the State is
declared in a judgment. Regarding the reimbursement of costs and expenses, it
corresponds to the Court to make a prudent assessment of their scope, which
comprises the expenses incurred before the authorities of the domestic jurisdiction,
and also those incurred during the processing of the case before the inter-American
system, taking into account the circumstances of the specific case and the nature of
the international jurisdiction for the protection of human rights. This assessment may
be made on the basis of the equity principle and taking into account the expenses
indicated by the parties, provided their quantum is reasonable. 353
362. In addition, the Court reiterates that it is not sufficient merely to forward
probative documents; rather the parties are required to include arguments that relate
the evidence to the fact that it is considered to represent and, in the case of alleged
financial disbursements, the items and their justification must be clearly established. 354
The Court has also determined that “the claims of the victims or their representatives
for costs and expenses and the supporting evidence must be submitted to the Court at
the first procedural opportunity granted to them, that is, in the pleadings and motions
brief, without prejudice to those claims being updated subsequently, in keeping with
the new costs and expenses incurred during the proceedings before this Court.” 355
363. In the instant case, the Court has verified that, in their final written arguments,
the representatives indicated that “[t]he documentary information to support [the]
expenses will be presented in a formal settlement document which will be sent to the
Court from Honduras by courier.” However, this information was never received.
Therefore, the Court has no probative elements to determine the expenses incurred.
364. Consequently, the Court decides to establish the sum of US$10,000.00 (ten
thousand United States dollars) for the work carried out in litigating this case at the
domestic and international levels, and the State must pay this to the representatives
within one year of notification of this judgment.
365. In addition, the Court considers that, during the proceeding on monitoring
compliance with judgment, it may establish that the State should reimburse the
victims or their representatives for any reasonable expenses incurred during that
procedural stage.
I. Reimbursement of expenses to the Victims’ Legal Assistance Fund
366. The representatives requested access to the Victims’ Legal Assistance Fund of
the Court to cover certain expenses related to the presentation of evidence. In an
order of May 30, 2014, the President of the Court authorized financial assistance from
Cf. Case of Velásquez Rodríguez. Reparations and costs, supra, para. 42, and Case of Omar
Humberto Maldonado Vargas et al., supra, para. 181.
353
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs. Judgment of August 27,
1998. Series C N. 39, para. 82, and Case of Omar Humberto Maldonado Vargas et al., supra, para. 181.
354
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 Omar
Humberto Maldonado Vargas et al., supra, para. 182.
355
Case of Chaparro Alvarez and Lapo Iñiguez, supra, para. 275, and Case of Omar Humberto
Maldonado Vargas et al., supra, para. 182.
352
98