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system. Additionally, the request for reimbursement in the concept of rent of the
commercial establishments is inadmissible due to lack of reasonability. Therefore, said
expenses will not be taken into account upon determining the amount of costs and expenses
to be ordered by the Tribunal. Finally, the Court observes that part of the evidentiary
substantiation of the costs and expenses is not strictly related with the litigation of the
present case before the Inter-American system or domestic authorities, but instead they are
part of different projects developed by the AFADEM and the CMDPDH.
383. The Tribunal considers that the breakdown and other evidence documents forwarded
by the representatives do not allow a determination of the relationship with the present
case of some of the lodging, transportation, telephone and messenger service expenses
mentioned. Due to the lack of evidentiary precision, the Court will assess in equity an
amount in the concept of costs and expenses that shall reasonably include these concepts
presumably incurred in during the litigation of the present case in the domestic and InterAmerican jurisdictions by the next of kin of Mr. Rosendo Radilla or by the organizations that
represent them.
384. On the other hand, the representatives requested the reimbursement of a total of
$2,910,686.99 Mexican pesos (two million nine hundred ten thousand six hundred and
eighty six pesos with ninety nine cents) in favor of the Mexican Commission for the Defense
and Promotion of Human Rights (CMDPDH), in the concept of costs and expenses that
include airplane tickets, travel expenses, copies, mail services, messenger services,
telephone calls, rent for the commercial establishment, electricity, trips of Mrs. Tita Radilla
Martínez and Mr. Julio Mata (AFADEM), fees, and workshops. In this sense, it was verified
that the representatives incurred in expenses related with the processing of the present
case before this Tribunal, such as fees, transportation expenses, and messenger and
communication services, and even the transfer of attorneys and a witness from Mexico to
the Court’s headquarters in San Jose, Costa Rica.
385. In consideration of all the aforementioned, the Court sets in equity the total amount
of US $25,000.00 (twenty-five thousand dollars of the United States of America) in favor of
the Association of Relatives of Disappeared Detainees and Victims of Human Rights
Violations in Mexico and the Mexican Commission for the Defense and Promotion of Human
Rights, for the concept of the costs and expenses incurred in throughout the litigation of the
present case. Said amount shall be handed over by the State to Mrs. Tita Radilla Martínez,
who will then pass it on to the representatives of those organizations, as corresponds.
Those amounts include the future expenses in which the Radilla Martínez family and the
representatives may incur in at a domestic level or during monitoring of compliance with
this Judgment.
D4.
Modalities of compliance with the payments ordered
386. The State shall pay the compensations ordered for pecuniary and non-pecuniary
damages directly to their beneficiaries, and the payment for costs and expenses directly to
Mrs. Tita Radilla Martínez, all within a one-year term computed as of the notification of the
present Judgment, in the terms of the following paragraphs.
387. The payments corresponding to the compensations for pecuniary ad non-pecuniary
damages suffered directly by Mr. Rosendo Radilla-Pacheco (supra paras. 365, 370, and
375), will be distributed in equal parts among his sucessors.
388. If the beneficiaries were to pass away before the delivery of the corresponding
compensations, they shall be delivered directly to their successors, pursuant with the
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