-140XIII
COSTS AND EXPENSES
Arguments of the Commission
280. It requested the Court that, when it had heard the representatives, it should
order the State to pay their duly authenticated costs and expenses, bearing in mind
the special characteristics of the instant case.
281.
Arguments of the representatives
a) The Comisión Colombiana de Juristas has incurred expenses for its work since
1997, at both the national and the international level, amounting to
US$36,023.69 (thirty-six thousand and twenty-three United States dollars,
and sixty-nine cents);
b) ASFADDES has incurred expenses since April 1994, which include the costs of
legal evidence, exhumation measures and the fees of lawyers who have acted
as the civil party in the criminal proceedings, amounting to 61,500,000
Colombian pesos or US$26,287.11 (twenty-six thousand two hundred and
eighty-seven United States dollars, and eleven cents), and
c) CEJIL has incurred expenses during the four years of litigation before the
inter-American system, amounting to US$25,503.23 (twenty-five thousand
five hundred and three United States dollars and twenty-three cents).
Arguments of the State
282. Although it asked the Court to determine that the payment of costs and
expenses should be assumed by each of the parties to the case, it alleged that, when
awarding costs and expenses, the Court has established the condition that they
should be only the necessary and reasonable expenses, according to the
characteristics of the case and effectively incurred by or caused to the victim or his
representatives. In any case, the award should be based on the principle of equity.
Findings of the Court
283. As the Court has indicated previously,267 costs and expenses are included in
the concept of reparations embodied in Article 63(1) of the American Convention.
Regarding their reimbursement, the Court must prudently assess their scope, which
includes the expenses incurred in both the domestic and the inter-American
jurisdiction, taking into account the authentication of the expenses incurred, 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 and taking into account the expenses indicated and authenticated by the
parties, provided the quantum is reasonable.
284. The Court bears in mind that some of the next of kin of the victims
disappeared and deprived of life during the events of Pueblo Bello acted through
representatives, before both the Commission and the Court. In this case, it has been
established that only some relatives have testified during the criminal proceedings
267
Cf. Case of Blanco Romero et al., supra note 10, para. 114; Case of García Asto and Ramírez
Rojas, supra note 10, para. 286, and Case of Gómez Palomino, supra note 10, para. 150.
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