59
incurred in processing the case at both the national level and before the Inter-American
system that are duly proven.
242. In their brief with pleas and motions, the representatives indicated that they would
like “a reasonable quantification” to be made in this regard and that, “before the expiry of
the period for the autonomous submission of evidence, [they would forward] the
documentation authenticating the quantification of the respective costs and expenses. In
the testimony he gave during the public hearing in this case, Mr. Castañeda Gutman
recalled that his lawyers had acted pro bono, and with their final written arguments, the
representatives attached a report “on expenses related to the preparation and holding of
the [public] hearing incurred by Jorge Castañeda, with the corresponding vouchers.” These
vouchers related to expenses for air transport, accommodation and food, for a total of
US$6,090.80 (six thousand and ninety United States dollars and eighty cents).
243. The State indicated that “[...] a verdict to pay the costs and expenses would not be
in order for the simple reason that, since the State has not committed any of the violations
attributed to it by [Mr. Castañeda Gutman], it is for him and his legal representatives to
bear the financial consequences of a notoriously inadmissible juridical strategy, as well as
their unjustified recourse to international bodies.” The State also pointed out that it had
been indicated “repeatedly and publicly on several occasions, that the legal assistance he
has received was pro bono and that his lawyers have not charged fees. Consequently, his
claim to obtain compensation for expenses arising from activities related to this case before
the domestic and the international courts are unfounded, and [Mr. Castañeda Gutman]
himself has stated that these procedures did not result in any expenditure for him.”
244. As indicated previously, “the claims of the victims or their representatives in relation
to costs and expenses, and the evidence that they provide, must be submitted to the Court
at the first procedural moment granted to them; that is, in the brief with pleas and motions,
without detriment to those claims being updated subsequently, in accordance with the new
costs and expenses that have been incurred because of the proceedings before the Court”78
(supra para. 75). The victim only forwarded the Court vouchers for his expenses arising
from the public hearing in this case. The Court observes that, among those documents,
there was a voucher for accommodation in the name of someone who did not take part in
the hearing and was not accredited by [Mr. Castañeda Gutman] as his representative.
However, the Court also notes that the expenses of one of the victim’s representatives who
did travel to the seat of the Court and take part in the public hearing were not included.
Bearing these considerations in mind and also the evidence provided, the Court determines,
based on the equity principle, that the State shall deliver the sum of US$7,000.00 (seven
thousand United States dollars) to the victim for costs and expenses. This amount includes
the future expenses, which Mr. Castañeda Gutman may incur at the domestic level or during
monitoring compliance with this judgment, and shall be delivered within six months of
notification of this judgment. The victim shall deliver the amount he considers appropriate
to his representatives before the domestic legal system and in the proceedings before the
inter-American system.
E)
78
Cf. supra note 21.
METHOD OF COMPLIANCE WITH THE PAYMENTS ORDERED
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