170. Regarding their reimbursement, the Court must assess prudently their scope, which includes
the expenses arising before the authorities of the domestic jurisdiction, as well as those incurred
during the proceedings before the Court, 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 based on the principles of equity and taking into account the expenses indicated by
the parties, provided their quantum is reasonable.
171. The Court has indicated that “the claims of the victims or their representatives with regard to
costs and expenses, and the evidence to support them, must be submitted to the Court at the first
procedural moment granted to them; that is, with the brief with pleadings, motions and evidence,
without prejudice to these claims being updated subsequently, in keeping with the new costs and
expenses they have incurred owing to the proceedings before this Court.”271 In addition, the Court
reiterates that it is not sufficient to merely forward probative documents; rather, the parties must
submit arguments that relate the evidence to the fact to which it is supposed to relate and, in the
case of alleged financial disbursements, the items and their justification must be clearly
established.272
172. In the instant case, the representative did not provide any evidence to authenticate the
disbursement of the alleged expenditure. However, the Court also notes that the representative
incurred expenses to attend the public hearing of the case at the seat of the Court, as well as
expenses arising from forwarding her briefs, among other matters, during the proceedings before
the Court. In addition, it is reasonable to suppose that, during the five years the matter was
processed before the Commission, the victim or his next of kin had financial expenses. Taking this
into account and owing to the lack of vouchers, the Court establishes, in equity, the sum of
US$3,000.00 (three thousand United States dollars) in favor of the Venezuela Awareness
Foundation. At the stage of monitoring compliance with this Judgment, the Court may order the
State to reimburse the victim or his representatives any reasonable and duly authenticated
expenses.
E)
Means of complying with the payments ordered
173. The State must make the payment of the compensation for pecuniary and non-pecuniary
damage and the reimbursement of costs and expenses established in this Judgment directly to the
persons and organizations indicated herein, within one year of notification of this Judgment, in
accordance with the following paragraphs.
174. If the beneficiary is deceased or dies before he receives the respective compensation, this
shall be made directly to his heirs, in accordance with the applicable domestic law.
175. The State must comply with its monetary obligation by payment in United States dollars or
the equivalent in Venezuelan currency, using the exchange rate in force in the Central Bank of the
Bolivarian Republic of Venezuela, the day before the payment to make the respective calculation.
176. If, for causes that can be attributed to the beneficiary of the compensation and his heirs, it is
not possible to pay the amounts established within the time frame indicated, the State must deposit
the said amounts in his favor in an account or a certificate of deposit in a solvent Venezuelan
financial institution, in United States dollars, and in the most favorable financial conditions allowed
271
Case of Chaparro Álvarez and Lapo Íñiguez. v. Ecuador. Preliminary objection, merits, reparations and costs.
Judgment of November 21, 2007. Series C No. 170, para. 275, and Case of Fornerón and daughter v. Argentina, para. 202.
272
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, para. 277, and Case of Contreras et al. v. El Salvador.
Merits, reparations and costs. Judgment of August 31, 2011. Series C No. 232, para. 233.
56
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