101
further the proceedings under domestic venue, as well as those incurred
internationally processing the case before the Commission and the Court, duly
proven by said representatives.
Pleadings of the representatives
229. The representatives, in turn, asked the Court to order the State to pay the
costs incurred within the country to further the court, administrative and legislative
proceedings under domestic venue, as well as those incurred internationally to
process the case before the Commission and the Court. In this regard, they argued
that the State must pay US $25,668.86 (twenty-five thousand six hundred and sixtyeight United States dollars and eighty-six cents) in favor of the non-governmental
organization Tierraviva, as well as US $5.500.00 (five thousand five hundred) in
favor of CEJIL for costs and expenses.
Pleadings of the State
230. The State pointed out it does not accept payment of the amount requested by
the representatives of the alleged victims for costs and expenses. In this regard, the
State alleged that:
a) it was the attorneys of the Community who “out of negligence lost the
case in which it would have been possible to elucidate the issue of the
paramount right,” for which reason it is not possible to “come and ask [the]
Court to order payment of legal expenses, when the courts and the Supreme
Court of Justice have established, in accordance with domestic legislation,
that the latter must be covered in the legal system where the case was heard,
thus favoring the Indigenous Community in this case,” and
b) “the pertinence of the travel, communications, stationery and sending of
packages has not been justified, [...a]nd it has not been shown that the fees
of doctor Balmaceda are based on any justifiable parameter [or] that the
work was in fact done.”
Considerations of the Court
231. As the Court has pointed out previously,225 costs and expenses are included in
the concept of reparation embodied in Article 63(1) of the American Convention, as
the activities carried out by the victims and their representatives with the aim of
obtaining justice, both under domestic and international venues, entails
disbursements that must be compensated when the State is found to be responsible
in a judgment against it. With regard to reimbursements, the Court must judiciously
assess their scope, including the expenses incurred before the authorities under
domestic venue and those incurred in the course of the proceeding before the interAmerican system, bearing in mind the circumstances of the specific case and the
nature of international jurisdiction for the protection of human rights.
This
assessment can be based on the principle of fairness and taking into account the
expenses listed by the parties, as long as their quantum is reasonable.
225
See Case of the Serrano Cruz Sisters, supra note 2, para. 205; Case of Carpio Nicolle et al.,
supra note 14, para. 143, and Case of the Plan de Sánchez Massacre. Reparations, supra note 196, para.
115.
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