-33136. Thus, although the enactment of a law that expressly determines the inapplicability of the
statute of limitations in this type of civil action could be a useful mechanism to put an end to future
interpretations contrary to the Convention, the Court considers that there are not sufficient reasons
to consider that this is an absolutely indispensable measure to ensure non-repetition of the facts,
and therefore it is not appropriate to order it. It will be up to the State’s legislative authorities to
determine the feasibility and relevance of this within the framework of their competencies.
Nevertheless, it is the current and future function of all State organs involved in the administration
of justice, at all levels, to exercise an adequate control of conventionality in situations similar to
those that have arisen in this case.
137. In this regard, the Court has been informed about other persons who are in situations similar
to those of the victims in this case, either at the domestic level or as petitioners before the
Commission. In other words, relatives of victims of serious human rights violations who were also
unable to gain material access to justice because the domestic courts considered that the civil
statute of limitations was applicable in their cases, or whose cases were closed by decisions with
the authority of res judicata. Although the Court has found it unnecessary to order the requested
measures, it is likely that such cases will face difficulties similar to those encountered in the present
case. Therefore, the Court urges the State to find a prompt solution for those other persons, so
that they may have access to the compensation to which they are entitled.
138. Finally, with regard to “administrative measures” to bring Chilean judicial practices into line
with international standards, it should be noted that the Commission did not specify what those
measures would be and that the State, for its part, requested recognition that it has already adopted
them.93 In the absence of the specification of other relevant administrative measures, the Court
considers that it is not appropriate to order the State to adopt additional administrative measures,
or indeed measures “of any other nature,” which were not specifically indicated by the Commission.
E. Costs and expenses
139. The Court reiterates that, according to its case law, costs and expenses form part of the
concept of reparation established in Article 63(1) of the Convention, because the activities carried
out by the victims in order to obtain justice, both at the national and international levels, imply
expenditures that must be compensated when the State’s international responsibility is declared in
a judgment.94 Regarding the reimbursement of costs and expenses, it is for the Court to prudently
assess their scope, based on the principle of equity and taking into account the claims of the victims
or their representatives. These claims must be submitted to the Court at the first procedural
opportunity granted to them, that is, in the pleadings and motions brief, without prejudice to such
claims being updated subsequently, in keeping with the new costs and expenses incurred during
the proceedings before this Court.95
The State indicated that Resolutions 233-2014 and 107-2017, which contain the orders dated September 26, 2014, and July 28, 2017,
established the new distribution of matters heard by the specialized chambers of the Supreme Court, a measure that had a direct impact on the
change in jurisprudential criteria explained above.
93
Regarding reimbursement of costs and expenses, it is for the Court to prudently assess their scope, including the expenses
generated before the authorities of the domestic jurisdiction and those incurred during the proceedings before the interAmerican system, taking into account the circumstances of the specific case and the nature of the international jurisdiction
for the protection of human rights. Case of Garrido and Baigorria v. Argentina. Reparations and costs, Judgment of August 27, 1998. Series
C No. 39. para. 82, and Case of López Soto et al. v. Venezuela, para. 381.
94
This appreciation may be made based on the principle of equity and taking into account the expenses indicated by the parties, provided
that their quantum is reasonable. Moreover, it is not sufficient merely to forward evidentiary documents; rather, the parties are
required to include arguments that relate the evidence to the facts that they represent and, in the case of alleged financial
disbursements, clearly specify the items and their justification. Cf. Case of Velásquez Rodríguez v. Honduras. Reparations, para. 42,
and Case of López Soto et al. v. Venezuela, para. 382.
95