420. The State recalled that the Court had not admitted the representative’s claims concerning
reparations and costs because they were time-barred. Regarding the requests made on July 29,
2013, the State “rejected the new claims made by the representative regarding expenses […]
because the expenses must be directly related to this case and the development of the proceedings
in it, and those sums that do not correspond to the specific case and/or are not strictly related to it
are excluded.”
421. The Court recalls that, in the instant case, the representative’s claims are admissible as
regards the costs and expenses produced following the presentation of the motions and arguments
brief (supra para. 33). The Court has indicated that the claims for costs and expenses of the victims
or their representatives, and evidence that supports them, must be submitted to the Court at the
first procedural moment granted them; that is, in the motions and arguments brief, without
prejudice to the possibility of updating those claims subsequently, in keeping with the new costs
and expenses incurred during the proceedings before this Court. 583 In addition, the Court reiterates
that it is not sufficient to merely forward probative documents; rather the parties must also include
arguments that relate the evidence to the fact that it is considered to represent and that, in the
case of alleged financial disbursements, the items and their justification must be clearly
established. 584
422. The Court notes that the expenses of the representative, incurred after the presentation of
the motions and arguments brief, for which evidence was provided, amount to approximately
585
Nevertheless, some vouchers refer to expenses covered by resources from the
US$237,880.14.
586
and some vouchers refer, in general, to expenses for office
Victim’s Legal Assistance Fund,
supplies, without an indication of the specific percentage that corresponds to the expenses for this
587
case.
In fairness, these concepts have been deducted from the calculation made by the Court. In
addition, those expenses the quantum of which is not reasonable will be deducted from the
assessment made by the Court. Also, as it has in other cases, the Court can infer that the
representative incurred expenses during the processing of the case before the inter-American
human rights system derived from the litigation and from attending the hearing held before the
Court and, consequently, they will be taken into account when establishing the respective costs and
expenses.
423. Consequently, the Court decides to establish a reasonable sum of US$40,000.00 (forty
thousand United States dollars) for costs and expenses for the work carried out in the litigation of
the case at the international level, including the expenses arising from the participation of the two
lawyers who collaborated in the defense of the case as of the public hearing. The amounts
mentioned must be delivered directly to Ms. J. The Court considers that, during the proceeding of
583
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra, para. 275, and Case of the Constitutional
Tribunal (Camba Campos et al.) v. Ecuador, supra, para. 317.
584
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra, para. 277, and Case of the Constitutional
Tribunal (Camba Campos et al.) v. Ecuador, supra, para. 317.
585
The representative provided a copy of the invoice of an expert in lip-reading. However, this expertise was not
presented to the Court so that is cost will not be taken into account.
586
The Court notes that the representative provided two vouchers for the payment of lunch for the whole team of
lawyers, as well as a voucher for the expenses incurred by a representative during his stay in San José that were not
covered by the Victims’ Legal Assistance Fund. In this regard, the Court recalls that the Victims’ Legal Assistance Fund
covered the payment of a per diem of one of Ms. J.’s representatives. Cf. Invoices dated May 16, 2013 (file of annexes to
the final written arguments of the representatives and to the brief dated June 24, 2013, folio 4947), and invoice and
receipt dated May 17, 2013 (file of annexes to the final written arguments of the representatives and to the brief dated
June 24, 2013, folio 4951).
587
Cf. Invoice dated June 26, 2013, for £207.96 (pounds sterling) (file of annexes to the final written arguments of
the representatives and to the brief dated June 24, 2013, folio 4959).
122
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents