e) If there are no family members in any of the categories defined in the preceding
subparagraphs, the compensation shall be paid to the heirs, in accordance with
inheritance laws.
E.
Costs and Expenses
290. In their pleadings and arguments brief, the representatives indicated a total of
US$215,912.99 in costs and expenses incurred since 2000 to assist the victims, to
investigate the facts, and for legal representation before the domestic and international
courts, among other matters.341
291. In the final written arguments, the International Clinic for the Defense of Human
Rights presented additional expenses for the sum of US$88,547.00. 342 Also, the DominicanHaitian Cultural Center submitted its expenses amounting to US$14,102.89, 343 while the
Grupo de Ayuda a Refugiados y Repatriados requested the payment of US$ 25,537.14.344
292. The Court reiterates that, according to its case law,345 costs and expenses are part of
the concept of reparations, because the activity deployed by the victims in order to obtain
justice at both the domestic and the international level entails expenses that must be
compensated when the State’s international responsibility is declared in a judgment.
293. Regarding their reimbursement, the Court must prudently assess their scope, which
includes the expenses arising before the authorities of the domestic jurisdiction, as well as
those incurred during the proceedings before this 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 principle of equity
and taking into account the expenses indicated by the parties, provided their quantum is
reasonable.
294. The Court has repeatedly 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
subsequently updated, in keeping with the new costs and expenses they have incurred
owing to the proceedings before this Court.”346
341
The International Clinic for the Defense of Human Rights presented expenses for legal assistance
amounting to US$135,600.00. The Dominican-Haitian Cultural Center requested a total of US$ 35,212.00 for
domestic procedural expenses, legal assistance, and extrajudicial investigation expenses. And, the Grupo de Ayuda
a Refugiados and Repatriados presented expenses of US$42,062.00 for support to victims, legal assistance and
transportation expenses (file of attachments to the pleadings and motions brief, tome IV, folios 2590 to 2626).
342
These expenses correspond to US$74,570.00 for legal assistance; US$11,880.00 for students assistance,
US$771 for hearing expenses and US$1,326.00 for office expenses (file of attachments to the representatives’ final
written arguments, tome IX, folios 4893 to 5080).
343
The expenses that, in fact, correspond to expenditure subsequent to the public hearing amount to
approximately US$420.00, corresponding to transport, accommodation and office expenses (file of attachments to
the representatives’ final written arguments, tome IX, folios 5087 to 5166).
344
The corresponding amounts are US$16,247.00 for legal assistance, US$846.70 for documentation
expenses, US$8,443.00 for accommodation, transport and meals (file of attachments to the representatives’ final
written arguments, tome IX, folios 5168 to 5170).
345
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs. Judgment of August 27, 1998.
Series C No. 39, para. 79, and Case of the Rio Negro Massacres v. Guatemala, supra, para. 314.
346
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra, para. 275, and Case of Vélez Restrepo
and family members v. Colombia, supra, para. 307.
75
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