a. fifty percent (50%) of the compensation shall be divided equally among the children
of Julio Garzón. If one or more of the children have died, the part corresponding to the
person shall be added to that of the other children;
b. the other fifty percent (50%) of the compensation shall be delivered to Clorinda
Guzmán de Garzón.
G. Costs and expenses
137. The representative requested that the Ecumenical Commission on Human Rights be
paid, for the concept of costs and expenses, the amount of USD $15,000.00 (fifteen thousand
United States dollars). Nonetheless, when it presented its brief with pleadings and motions,
the Ecumenical Commission stated that it was difficult to calculate the costs that might be
incurred during the proceedings before the Court and, for that reason, it asked that it
subsequently be permitted to present the evidence and details of the expenses that it
incurred.
138. The Court reiterates that, pursuant to its case law, costs and expenses form part of the
concept of reparation because the activities deployed by the victims in order to obtain justice,
at both the domestic and international levels, entail disbursements that should be
compensated when the international responsibility of the State has been declared in a
judgment. Regarding reimbursement for costs and expenses, it is for the Court to prudently
assess their scope, which includes the expenses arising before the authorities of the domestic
jurisdiction and also 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 of the protection of human rights. This assessment may be made
based on the principle of equity and taking into account the expenses indicated by the parties,
provided their quantum is reasonable.110
139. This Court has noted that the claims of the victims or their representatives regarding
costs and expenses, and the evidence that supports them, must be presented to the Court at
the first procedural moment granted them; namely, in the brief with pleadings and motions,
without prejudice to those claims being updated subsequently to include new costs and
expenses incurred as a result of the proceedings before this Court. The Court also reiterates
that it is not sufficient to submit probative documents; rather the parties must develop the
reasoning that relates the evidence to the fact under consideration, and, in the case of alleged
monetary disbursements, the items and their justification must be described clearly. 111
140. The file of the present case does not contain evidence relating to the costs and expenses
incurred by the victims or their representatives. In view of the absence of vouchers for those
costs, the Court orders the payment, in equity, of USD $15,000.00 (fifteen thousand United
States dollars) for costs and expenses.
H. Method of compliance with the payments ordered
141. The State shall pay compensation for pecuniary and non-pecuniary damage and the
reimbursement of costs and expenses, as established in this Judgment, directly to the persons
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs, supra, paras. 42, 46 and 47 and Case of
Vásquez Durand et al. v. Ecuador. Preliminary Objections, Merits, Reparations and Costs, supra, para. 236.
110
Cf. 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. 277 and Case of Vásquez Durand et al. v. Ecuador.
Preliminary Objections, Merits, Reparations and Costs, supra, para. 237.
111
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