79
267. Taking into account the foregoing considerations, the Court finds that the Search Association’s
proven expenses total approximately US$ 112,000.00 (one hundred and twelve thousand United
States dollars). The Court considers it reasonable to add a further amount to this sum for the time,
work and resources used to search for the victims for more than 18 years, and for its continued efforts
to that end. Consequently, the Court decides to establish, in equity, a total sum of US$ 180,000.00
(one hundred and eighty thousand United States dollars) for the Asociación de Pro-Búsqueda de Niños
y Niñas Desaparecidos to cover the costs and expenses incurred during its work of searching for the
five victims and for the litigation of this case at the domestic and international levels. This amount
shall be paid directly to the representative organization. The Court considers that, in the proceeding
to monitor compliance with this judgment, it may order the State to reimburse the victims or their
representatives for any reasonable expenses incurred during that procedural stage.
F.
Reimbursement of expenses to the Victims’ Legal Assistance Fund
268. In 2008, the General Assembly of the Organization of American States created the Legal
Assistance Fund to “facilitate access to the inter-American human rights system by persons who
currently lack the resources needed to bring their cases before the system.”332 In the instant case,
the required financial assistance from said Fund was granted to cover the travel and accommodation
expenses to enable María Juliana Rochac Hernández, José Arístides Bonilla Osorio and the expert
witness Martha de la Concepción Cabrera Cruz to appear before the Court and render their respective
statements and expert opinion at the public hearing held at the seat of the Court, in the city of San
José, Costa Rica, and the costs of formalizing and sending the two affidavits of the witnesses proposed
by the representatives (supra para. 7).
269. The State had an opportunity to present its observations on the expenditures made in this
case, which amounted to US$ 4,134.29 (four thousand, one hundred and thirty four United States
dollars and twenty-nine cents). El Salvador argued that the details of the expenses presented, in
relation to the beneficiaries and the expenses covered, is consistent with the order that granted the
financial assistance. However, the State observed that certain additional charges were specified
related to the means of payment used, together with an additional charge made for changes to the
date or time on the airline ticket of the expert witness, Martha de la Concepción Cabrera Cruz, despite
the formal notification of the order of the President, of March 3, 2014, which set the date and time of
the public hearing in this case. Consequently, the State requested that these costs be excluded from
any reimbursement ordered by the Court to said Fund.
Considerations of the Court
270. In application of Article 5 of the Rules of the Fund, the Court will now consider whether to
order the respondent State to reimburse the Legal Assistance Fund of the Inter-American Court for
the expenditures incurred, taking into consideration the observations presented.
271. Based on the violations declared in this judgment, and considering that the petitioners
complied with the requirements to access the Fund, the Court orders the State to reimburse said Fund
in the amount of US$ 4,134.29 (four thousand, one hundred and thirty-four United States dollars and
twenty-nine cents) for necessary expenses incurred for the appearance of the witnesses and the
expert witness at the public hearing in this case, as well as for the formalization and sending of two
AG/RES. 2426 (XXXVIII-O/08), Resolution adopted by the OAS General Assembly during the XXXVIII Regular Session
of the OAS, at the fourth plenary session, held on June 3, 2008, “Creation of the Legal Assistance Fund of the Inter-American
System of Human Rights”, Operative Paragraph 2.a), and CP/RES. 963 (1728/09), Resolution adopted on November 11, 2009,
by the Permanent Council of the OAS, “Rules of Procedure for the Operation of the Legal Assistance Fund of the Inter-American
System of Human Rights”, Article 1(1).
332