67
227. Furthermore, they pointed out that CEJIL has represented the victim and his
next-of-kin since April 13, 1998. They assert that it has incurred in administrative
expenses, honoria as well as a travel made to collect evidence. In the brief of
pleadings and motions, they requested the Court to equitably determine the amount
of US$ 7.000,00 as expenses for CEJIL. In the final written arguments, they
requested the Court to take into account the expenses incurred during the
processing of the case before the Court, which they calculated that it amounts to
approximately US$ 5.500,00.
228. The Tribunal has considered that “the claims of the victims or their
representatives as to costs and expenses and the supporting evidence must be
offered to the Court at the first occasion granted to them, that is, in the brief of
requests and motions, without prejudice to the fact that such claim may be later on
updated, according to new costs and expenses incurred during the processing of the
case before this Court.”247
229. In the instant case, the Court notes that the representatives filed evidence of
the expenses incurred in the forwarding of the documents of Rommel Anzualdo
Castro to CEJIL, the takings of four declarations and legalization of two signatures
before a notary public and the trips to Santo Domingo of a representative of
APRODEH, three lawyers of CEJIL, a witness and an expert witness. Regarding some
of the expenses mentioned, it is not clear which of them correspond, specifically, to
expenses incurred in light of the instant case. The Tribunal takes into account the
expenses mentioned by the representatives in relation to the activities carried out at
the domestic level by APRODECH and the expenses incurred during the processing of
the instant case before the Commission and the Court. The expenses in which the
Anzualdo family incurred are covered by the compensation mentioned as pecuniary
damage (supra para. 210).
230. As a result, the Court equitably determines the amount of US$ 14.000,00
(fourteen thousand dollars of the United States of America) in favor of CEJIL and
APRODEH, as costs and expenses. Said amounts must be paid to Mr. Félix Anzualdo
Vicuña, who shall deliver the corresponding amounts to the representatives. Said
amount includes future expenses that the Anzualdo family and the representatives
may incur at the domestic level or during the procedure of monitoring compliance
with this Judgment.
D(4) Method of Compliance with the Payments Ordered
231. The State should make the payment of these amounts for the concept of
pecuniary and non-pecuniary damages directly to the beneficiaries, as well as the
reimbursement of costs and expenses, within the period of one year, as from the
time of service of the present Judgment, under the terms of the following
paragraphs.
232. The payments corresponding to the compensations for pecuniary and nonpecuniary damage directly suffered by Mr. Kenneth Ney Anzualdo Castro (supra
para. 214 and 222) shall be delivered to his father, Mr. Félix Vicente Anzualdo
Vicuña.
247
Cf. Case of Molina Theissen V. Guatemala. Reparations and Costs. Judgment of July 3, 2004.
Series C Nº. 108, para. 122; Case of Escher et al. V. Brazil, supra note 6, para. 259; and Case of Reverón
Trujillo V. Bolivia, supra note 11, para. 200.
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