system. It estimated that “costs and expenses should be figured as a percentage equivalent
to 20% of the compensation amounts awarded.”
316. The State “object[ed] to the amount claimed […] deeming it obviously too high.” It
pointed out that the victims can cover these costs using whatever portion they like of the
compensation they receive under the special laws.
317. The Court has indicated that costs and expenses form part of the concept of reparation,
because the efforts made by the victims to obtain justice, both at the national and international
level, entail disbursements that must be covered when the State’s responsibility has been
declared in a Judgment. Regarding the reimbursement of costs and expenses, it is for the
Court to prudently assess their scope, which includes expenses incurred before the authorities
of the domestic courts and those generated during the proceedings before the inter-American
system, taking into account the circumstances of the specific case and the nature of the
international jurisdiction. This assessment may be based on the principle of equity, taking into
account the expenses indicated by the parties, provided that their quantum is reasonable. 328
318. In this sense, the Court finds that it is not appropriate for the costs and expenses to be
covered using benefits derived from the reparatory laws indicated by the State, since they do
not serve the same nature and scope.
319. Although the representative did not provide evidence to substantiate its claim, the Court
believes that such expenses were actually incurred; therefore, in equity, it sets an amount of
USD 40,000.00 (forty thousand dollars of the United States of America) that the State must
pay jointly to both victims, Anatole Alejandro Larrabeiti Yáñez and Claudia Victoria Larrabeiti
Yáñez, divided equally. At the stage of monitoring compliance with this Judgment, the Court
may order the State to reimburse the victims or their representatives for any reasonable
expenses incurred during that procedural stage. 329
I. Reimbursement of expenses to the Victims’ Legal Assistance Fund
320. In an order of March 24, 2021, the President of the Court declared admissible the request
presented by the representative regarding the application of the Victims’ Legal Assistance Fund of
the Court (hereinafter “the Fund”). The order granted the financial assistance necessary to cover
the reasonable expenses of formalizing and sending a maximum of two statements via affidavit
as indicated by the representative.
321. On June 12, 2021, a report was sent to the State on the disbursements made in application
of the Fund, amounting to USD 358.98 (three hundred fifty-eight dollars and ninety-eight cents
of the United States of America) and, as established in Article 5 of the Court’s Rules for the
Operation of the fund, Argentina was granted a deadline for presenting any observations it
deemed pertinent. The State, for its part, did not make any observations by the deadline.
322. Therefore, given that there is no objection in this regard, the Court orders the State to
reimburse the fund in the amount of USD 358.98 (three hundred fifty-eight dollars and ninetyeight cents of the United States of America). This sum must be reimbursed within six months of
notification of this Judgment.
J. Method of compliance with the payments ordered
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and Costs. Judgment of August 27, 1998. Series
C No. 39, par. 82, and Case of Garzón Guzmán et al. v. Ecuador, supra, par. 136.
329
Cf. Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia, supra, par. 29, and Case of Bedoya Lima et al. v.
Colombia, supra, par. 214.
328
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