45
courier shipments, a total amount up to the sum of US$ 6,044.92 (six thousand forty-four
dollars of the United States of America and ninety-two cents),150 and professional fees and
expenses in the amount of US$ 9,018.87 (nine thousand eighteen dollars of the United
States of America and eighty-seven cents).151 The representative further noted that, by
virtue of the participation of Mr. Alibux and his representative at the public hearing in the
case, a series of costs were incurred in addition to those already mentioned, namely: travel
and lodging expenses for the trip from Paramaribo to San José for both of them estimated
at the sum of US$ 3,364.00 (three thousand three hundred sixty-four dollars of the United
States of America)152, as well as living expenses in the span of their four-day stay in Costa
Rica up to the sum of U.S. $4,564.00 (four thousand five hundred sixty-four dollars of the
United States of America).153 The representative requested reimbursement of the
enumerated amounts, plus 3% of their total as payment for annual interest.
159. The Commission did not make specific reference to this measure of reparation.
160. For its part, the State argued that there is no reason to order the payment of costs
and expenses in the present matter. Moreover, by way of its brief of observations to the
attachments to the final written arguments of the representative, the State contested
certain evidence related to the costs and expenses provided.
161. In relation to the evidence provided concerning expenses incurred by the victim prior
to the time at which he should have submitted the brief of pleadings and motions, the Court
reiterates that it has been determined to be time-barred154 (supra para. 30), and, thus, will
not make additional findings in this regard.
162. However, as the Court has indicated, the costs and expenses form part of the concept
of reparations155 whenever the activities undertaken by the victims to obtain justice at both
the national and international levels implicate expenditures which should be compensated
when the international responsibility of a State is established in a condemnatory judgment.
163. Notwithstanding the foregoing, the Court reiterates that it is not sufficient to remit
probative documents; rather, the parties are required to develop arguments relating the
evidence with the fact under consideration and, when dealing with alleged financial
disbursements, the items and justification thereof must be clearly described.156
164. The representative, in his final arguments brief, updated his claim of expenses
subsequently incurred with regard to the costs sustained due to his participation in the
public hearing, for which he provided a statement from the travel agency Ridusa Worldwide
150
Cf. Various receipts (attachments to the final arguments, folios 1194-1203).
151
Cf. Receipts issued by the attorney Irvin Madan Dewdath Kanhai (attachments to the final arguments,
folios1184 – 1186).
152
Cf. Qoute from travel agency Ridusa Worldwide Travel N.V (case file of attachments to the final arguments
of the representatives, folio 1204).
153
The Court notes that no evidence was provided in regard to the amount indicated by the legal
representative.
154
Cf. The claims of the victims or their representatives in relation to costs and expenses, and the evidence
supporting them, must be submitted to the Court on the first procedural opportunity at which they are required,
that is, in the brief of pleadings and motions, notwithstanding that such claims may be updated at a later time,
pursuant to new costs and expenses being incurred during the proceedings before this Court.
155
Cf. 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 J., supra, para. 418.
156
Cf. Case of Chaparro Álvarez and Lapo Iñiguez V. Ecuador, supra, para. 277, and Case of J. V. Perú, supra,
para. 421.