80
Serrano Cruz Sisters, the Court reiterates that, in keeping with its case law,311 costs and
expenses form part of the concept of reparation since the actions of the victims to obtain
justice at both the domestic and the international levels lead to expenditure that must be
compensated when the international responsibility of the State is declared in a judgment.
With regard to their reimbursement, it is the Court’s responsibility to estimate their scope
prudently; this includes the expenses incurred before the authorities of the domestic
jurisdiction, as well as those arising during the course of the proceedings before this Court,
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 made based on the
principle of equity and taking into account the expenses reported by the parties, provided
that the amount is reasonable.
233. The Court has indicated that, “the claims of the victims or their representatives with
regard to costs and expenses and the supporting evidence must be submitted to the Court
on the first occasion granted them; in other words, in the pleadings and motions brief.
Nevertheless, this claim may be updated subsequently, in keeping with the new costs and
expenses incurred during the processing of the case before this Court.”312 Furthermore, the
Court reiterates that it is not sufficient to merely submit probative documentation; rather
the parties are required to present arguments relating the evidence to the fact that it is
considered to represent and, in the case of alleged financial expenses, to establish clearly
the items and the justification for them.313
234. With regard to the evidence relating to the financial expenditure made by the Search
Association, the Court has verified that it incurred expenses related to the litigation at both
the domestic and international levels. Those expenses relate to transportation,
accommodation, and messenger and communications services, among others, and the
Association submitted vouchers for them. In addition, some expenses incurred by the Search
Association correspond to the search for the victims in this case and for reuniting Gregoria
Herminia Contreras with her family. Lastly, some expenses relate to workshops offered by
the Search Association to different individuals, including the victims in this case.
235. Regarding the State arguments about the receipts forwarded by the representatives,
the Court observes that: (a) some payment vouchers indicate a reason for the expenditure
that is not clearly and precisely connected to this case; (b) some vouchers refer to office
supplies and the employee payroll without indicating the specific percentage that
corresponds to the expenses in this case, and (c) some payment vouchers are illegible and
the sum they are intended to prove cannot be determined. The items to which they refer
have been deducted, in fairness, from the calculation made by the Court.
236. Based on the above, the Court has verified that the expenses authenticated by the
Search Association ascend to approximately US$35,402.00 (thirty-five thousand four
hundred and two United States dollars). The Court considers it reasonable to add to this
sum, an amount for the time, work and resources used to search for the victims for more
than 15 years.
311
Cf. Case of Garrido and Baigorria, supra note 310, para. 79; Case of Mejía Idrovo, supra note 19, para.
161, and Case of Chocrón Chocrón, supra note 19, para. 196.
312
Case of Chaparro Álvarez and Lapo Íñiguez. v. Ecuador. Preliminary objections, merits, reparations and
costs. Judgment of November 21, 2007. Series C No. 170 para. 275; Case of Mejía Idrovo, supra note 19, para.
162, and Case of Chocrón Chocrón, supra note 19, para. 275.
313
Cf. Case of Chaparro Álvarez and Lapo Íñiguez, supra note 312, para. 277; Case of Vera Vera et al., supra
note 193, para. 142, and Case of Salvador Chiriboga v. Ecuador. Reparations and costs. Judgment of March 3,
2011. Series C No. 222, para. 138.
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