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expenses at US$40,000 (fourty thousand United States of America dollars), to be
divided equally between the Garrido and Baigorria relatives.
77.
At the January 20, 1998 hearing, attorney Varela-Alvarez repeated the
US$40,000 (fourty thousand United States of America dollars) requested as
reimbursement of costs incurred by the victims’ relatives in connection with these
proceedings. The attorney in question stated, under oath, that neither he nor his
colleague had received any restitution of expenses and that they had paid all of their
expenses out of their own funds (supra 35). He added that he should also be
reimbursed for the expenses incurred to attend this hearing, which he estimated at
$1,500 (fifteen hundred United States of America dollars). Attorney Varela-Alvarez
provided receipts for some of the expenditures.
78.
Neither the Argentine State nor the Inter-American Commission objected to
the costs that the victims’ families claimed. During the hearing, only one judge on
the Court asked about one expense, which attorney Varela-Álvarez explained.
79.
As for the previous suggestions, the Court believes that in the instant case it
should examine the issue of costs under the terms of subparagraph (h) of Article
55(1) of its Rules of Procedure. Costs are one element to be considered under the
concept of reparations to which Article 63(1) of the Convention refers since they are
a natural consequence of the effort made by the victim, his or her beneficiaries, or
representatives to obtain a court settlement recognizing the violation committed and
establishing its legal consequences. In other words, the activity they undertake to
accede to the courts, a recourse provided for in the Convention, entails or can entail
financial outlays or commitments for which the victim must be compensated when a
guilty verdict is delivered.
80.
In keeping with the relevant provisions and practice, the Court considers that
the costs to which Article 55.1 of its Rules of Procedure refers include the various
payments a victim makes or pledges to make in order to be able to have recourse to
the inter-American system for protection of human rights. This includes the routine
honoraria paid to those who provide the victim with legal assistance. Obviously, the
only expenses allowed are those that are necessary and reasonable according to the
specifics of each case, and that the victim or his or her representative has actually
paid out or promised to pay.
81.
Under Article 23 of the Court’s Rules of Procedure, at the reparations phase
the representatives of the victims or of their next of kin may independently submit
their own arguments and evidence before this Court. This recognition of the
representatives’ locus standi opens up the possibility of representation-related
expenses. In practice, the legal assistance provided to the victim does not begin
with the reparations phase; instead, it begins with the proceedings before the
domestic courts and continues throughout each phase of the proceedings under the
inter-American system for the protection of human rights, in other words, in the
proceedings conducted before the Commission and before the Court, except when
the legal assistance the victim or his family receives is free. For the purposes now
under consideration, costs also include those incurred for recourse to the domestic
courts (cf. Aloeboetoe et al. Case, Reparations, supra 40, para. 94; Caballero
Delgado and Santana Case, Reparations, supra 40, para. 47 and operative paragraph
2: El Amparo Case, Reparations, supra 40, para. 21 and Neira Alegría et al. Case,
Reparations, supra 40, para. 42) and the costs of representation before two
international bodies: the Commission and the Court.