governmental organizations that used their own resources to cover the basic costs of
processing the case in both forums.”
145. The Court reiterates that, based on its case law, costs and expenses form part of the
concept of reparation, because the efforts made by the victims to obtain justice, both at
national and international level, entail disbursements that must be compensated when the
State’s international responsibility has been declared in a condemnatory judgment.
Regarding the reimbursement of costs and expenses, it is for the Court to prudently assess
their scope, which includes expenses incurred before the authorities of the domestic courts
and those generated during the proceedings before the Inter-American system, taking into
account the circumstances of the specific case and the nature of the international jurisdiction
for the protection of human rights. This assessment may be based on the principle of equity,
taking into account the expenses indicated by the parties, provided that their quantum is
reasonable.169
146. This Court notes that the representatives have not requested a specific monetary sum
for reimbursement of expenses and costs, nor did they provide the necessary supporting
documentation for the totality of the expenses incurred. Consequently, the Court decides,
on deeming it reasonable, to establish, in equity, the payment of a total amount of US$5,000
(five thousand dollars of the United States of America) for costs and expenses to CISALP
and a total amount of US $5,000.00 (five thousand dollars of the United States of America)
for costs and expenses to El Trapito. These amounts shall be delivered directly to the
organizations. In the procedure to supervise compliance with this judgment, the Court may
order reimbursement by the State to the victims or to their representatives of expenses
reasonably and duly documented at each procedural stage.170
H. Reimbursement of expenses to the Legal Assistance Fund
147. In this case, by means of a note dated January 22, 2020, the President of the Court
declared admissible the request presented by the alleged victim, through her
representatives, to avail herself of the Legal Assistance Fund. The communication resolved
that the necessary financial assistance would be granted for the presentation of two
statements—one at the hearing and the other by means of an affidavit—and for the
participation of a legal representative in the public hearing.
148. On February 12, 2020, the representatives requested the reconsideration of the
decision because “it [was] possible […] for them to pay the expenses arising from the
statement by affidavit of Ms. Martínez, in the Eastern Republic of Uruguay,” requesting
instead that the resources be reallocated to cover the “travel and accommodation of witness
Andrés Alberto Fresco.” In response to this request, the Court, following instructions from
the Presidency, notified the parties and the Commission that it was impossible to “carry out
this reallocation without affecting the Victims 'Legal Assistance Fund," and therefore, "the
representatives' request was not granted.”
149. On June 10, 2020, the Report on Application of the Victims' Legal Assistance Fund was
sent to the parties in accordance with the provisions of Article 5 of the Court's Rules of
Procedure on the operation of that fund. The State reported in writing on June 23, 2020,
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and Costs. Judgment of August 27, 1998.
Series C No. 39, paras. 79 and 82, and Case of Petro Urrego v. Colombia, supra, para. 164.
169
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 Petro Urrego v. Colombia, supra,
para. 165.
170
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