39
137. The Tribunal has indicated 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 procedural 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.”118 In regard to the reimbursement of costs and expenses, it is the Tribunal’s
responsibility to prudently estimate its extent. This includes expenses incurred before
domestic authorities, as well as those incurred during the course of this proceeding
before the inter-American system, taking into account the circumstances of the specific
case and the nature of international human rights protection jurisdiction. This estimate
may be made based on the principle of equity and in consideration of the expenses
reported by the parties, provided the amount be reasonable.119
138. In this case, the Tribunal observes that the representative did not submit receipts
establishing the amount of the expenses that he and the victims had to incur during the
processing of this case. For this reason, based on the provisions of Article 58(b) of the
Rules of Procedure, the representative was ordered to submit a list of costs and
expenses along with corresponding supporting documentation by the non-extendible
deadline of January 28, 2011.120 That information was not received. 121
139. Nevertheless, the Tribunal can infer that the representative incurred expenses to
attend the public hearing in the case (supra para. 12), as well as expenses related to the
exercise of legal representation, such as the submission of briefs and communications
expenses, among others, during the proceeding before this Court. It is also reasonable
to assume that during the years in which the case was before the Commission, the
victims and the representative incurred expenses. Taking this into account and given the
lack of receipts demonstrating these expenses, the Court establishes, in equity, that the
State must pay the total amount of US$ 15,000.00 (fifteen thousand dollars of the
United States of America) or its equivalent in Peruvian currency for costs and expenses
incurred in the litigation of this case. That sum must be paid by the State to the
representative, and the representative will distribute it as needed. The sum includes
future expenses that could be incurred domestically or during the monitoring of
compliance with this Judgment.
E.
Method of compliance with the payments ordered
140. The State shall pay the indemnities for pecuniary and non-pecuniary damages
directly to the beneficiaries and the payment for costs and expenses directly the the
representatives within one year from the notification of this Judgment and according to
the terms of the following clauses.
141. In the event that a beneficiary passes away before the corresponding
compensation is paid, the compensation shall be paid directly to his or her heir in
keeping with applicable domestic law.
118
Cf. Case of Chaparro Álvarez and Lapo Íñiguez, supra note 96, para. 275; Case of Vélez Loor, supra
note 12, para. 318, and Case of Gomes Lund et al (Guerrilha do Araguaia), supra note 17, para. 317.
119
Cf. Case of Garrido and Baigorria, supra note 117, para. 82; Case of Gomes Lund et al (Guerrilha do
Araguaia), supra note 17, para. 316, and Case of Cabrera García and Montiel Flores, supra note 17, para. 266.
120
121
Note of the Secretariat of the Inter-American Court of Human Rights of January 21, 2011.
During the note of the Secretariat of the Inter-American Court of Human Rights of February 7, 2011, it
noted that pursuant to that requested by note by the Secretariat of the Court of January 21, 2011, the January
28, 2011 the deadline lapsed for the representative to provide a list of costs and expenses and the
documentary evidence in connection with this case, without these being received by the Secretariat.