without prejudice to the fact that such claims are updated at a later time, in accordance with the
new costs and expenses incurred during the proceedings before this Court.” Similarly, the Court
reiterates that “it is not enough to send probative documents, but rather that the parties are
required to make an argument that relates the evidence to the fact that is considered represented,
and that, as they are alleged financial disbursements, they establish clearly the items and their
justification.” 189
230. In this case, there is no probative support in the file regarding the costs and expenses
incurred by Mr. Jean Aubert Díaz Alvarado and Ms. Marta Silvana Rodríguez in the processing of
this matter before the Inter-American System. Said victims, as indicated, specified the request
indicating a specific amount. In any case, the Court recognizes that such procedures necessarily
involved financial expenditures both domestically and before the Inter-American System, for which
it determines, in equity, that the State must deliver to the representative of the two victims the
sum of USD 15,000.00 (fifteen thousand United States dollars) for costs and expenses for the
procedures before the domestic jurisdiction and before the inter-American system. In the case of
Mr. Cuya, he presented receipts regarding the expenditures made in the domestic jurisdiction and
before the Inter-American Commission, however, they did not verify the total amount requested.
The Court recognizes that such procedures necessarily implied financial expenditures, for which
reason it determines that the State must deliver to the victim, in equity, the amount of USD
15,000.00 (fifteen thousand United States dollars). Regarding Mr. Valenzuela, he did not present
proof of the expenses for the procedures at the internal level and before the Commission. In this
regard, this Court recognizes that such procedures necessarily implied financial expenses, for
which it determines that the State must deliver to the victim, in equity, the amount of USD
15,000.00 (fifteen thousand United States dollars) for costs and expenses for the procedures
before the domestic jurisdiction and the Inter-American Commission. Regarding Messrs. Jorge
Luis Cuya Lavy and Walter Antonio Valenzuela Cerna, as established in the proceedings before the
Court, the Victims' Legal Assistance Fund was authorized for financial assistance, which is detailed
in the following section. It should be added that, at the stage of monitoring compliance with this
Judgment, the Court may order that the State reimburse the victim or his representative for the
reasonable expenses incurred in said procedural stage. 190
G. Victims’ Legal Assistance Fund
231. In this case, as stated in the President’s Resolution of January 28, 2020, on November 4,
2020 “the parties and the Commission were informed that, in accordance with the provisions of
Articles 31 of the Rules of Procedure of the Inter-American Court (hereinafter “the Rules of
Procedure”) and Articles 2, 3 and 5 of the Regulations of the Victims' Legal Assistance Fund, the
request submitted by the representatives of Mr. Cuya Lavy and the representatives of Mr.
Valenzuela Cerna to file for the Fund ”(supra para. 9) was admissible. In the same Resolution it
was determined,
[…] Taking into account that the public hearing in this case will be virtual, this Presidency establishes that
the economic assistance that is assigned to cover the expenses that would be caused by the presentation
of a testimonial statement and the opinions of two experts (supra Considering 4), offered by the
representatives of Mr. Valenzuela Cerna, regarding the expenses of making, formalizing and sending the
affidavits, as long as such expenses are reasonable. For this purpose, the representatives must submit to
the Court a quote for the cost of filing the declarations in the country of residence of the declarants, within
the period indicated in operative paragraph 16 and, with the presentation of the final written arguments,
at the latest, present the justification and proof of payment that evidence the expenses incurred, this
189
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra, paras. 275 and 277, and Case of Garzón
Guzmán v. Ecuador, supra, para. 139.
190
Cf. Case of the Xákmok Kásek Indigenous Community v. Paraguay. Merits, Reparations and Costs. Judgment of
August 24, 2010. Series C No. 214, para. 331, and Case of Bedoya Lima v. Colombia, supra, para. 214..
58