E.
Costs and expenses
147. As the Court has indicated on previous occasions, costs and expenses are included in
the concept of reparations recognized in Article 63(1) of the American Convention.124
1.
Arguments of the parties
148. The Commission asked the Court to “order the State to pay the costs incurred at the
domestic level in the processing of the judicial proceedings filed by the victims or their
representatives in the domestic jurisdiction, as well as those incurred at the international
level in the processing of the case before the Commission and those arising as a result of
the proceedings before the Court that are duly authenticated by the representatives.”
149. The representatives asked the Court to order the State to pay the sum of
US$13,236.76 (thirteen thousand two hundred thirty-six United States dollars and seventysix cents) to reimburse the costs and expenses incurred during the litigation of the case
before the Inter-American Commission and Court. These include translation costs,
transportation costs for Father Hanssens and Roxanne Dimanche for the hearing held by the
Inter-American Commission, the transportation costs arising from client consultation,
telephone calls and copying costs. They also indicated that this assessment included future
costs in case a hearing was held at the seat of the Court.
2.
Considerations of the Court
150. As the Court has indicated, costs and expenses form part of the concept of
reparation, because the actions taken by the victims in order to obtain justice involve
expenditure that must be compensated when the State's international responsibility is
declared in a judgment. Regarding their reimbursement, the Court must assess prudently
their scope, which includes the expenses incurred before the authorities of the domestic
jurisdiction, and also those arising during the proceedings before this Court, taking into
consideration the circumstances of the specific case and the nature of the international
jurisdiction for the protection of human rights. This assessment can be made based on the
principle of equity and taking into account the expenses indicated by the parties, provided
that the quantum is reasonable.125
151. In this regard, the Court reiterates that the claims of the victims or their
representatives for costs and expenses, and the evidence to support them, must be
submitted to the Court at the first procedural occasion granted to them; namely, in the
pleadings and motions brief, without prejudice to the possibility of updating these claims
subsequently, in keeping with the new costs and expenses that have been incurred as a
result of these proceedings.126 In addition, it is not sufficient that the parties merely present
probative documents; but rather they are required to submit arguments that relate the
124
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 Barbani Duarte et al. v. Uruguay, supra note 9, para. 266.
125
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs, supra note 124, para. 82, and Case
of Barbani Duarte et al. v. Uruguay, supra note 9, para. 270.
126
Cf. Case of Chaparro Álvarez and Lapo Iñiquez v. Ecuador, supra note 35, para. 275, and Case of Torres
Millacura et al. v. Argentina, supra note 17, para. 197.
39
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