479. The Court reiterates that, according to its case law, 755 costs and expenses are part of the
concept of reparation, because the activities deployed by the victims in order to obtain justice
at both the national and the international level entail disbursements that must be compensated
when the international responsibility of the State is declared in a judgment.
480. Regarding the reimbursement of expenses, the Court must make a prudent assessment
of their scope, which includes the expenses incurred before the authorities of the domestic
jurisdiction, as well as those arising during the processing of the case before the inter-American
system, 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 on
the basis of the principle of equity and taking into account the expenses indicated by the
parties, provided that their quantum is reasonable.756
481. In this regard, the Court notes that even though the file contains a series of invoices and
receipts provided by the representatives, this does not constitute probative support relating
them to expenses made owing to the case and, thus, justifying the amounts requested by the
representatives for honoraria and professional services, because they were not accompanied by
any explanation as to how this sum was determined.757 Consequently, the Court establishes, in
equity, the sum of US$80,000.00 (eighty thousand United States dollars) for the Comisión
Intereclesial de Justicia y Paz for costs and expenses related to these proceedings.
F. Method of complying with the payments ordered
482. The State must make the payment of the compensation for pecuniary and non-pecuniary
damage and to reimburse costs and expenses established in this Judgment directly to the
persons indicated herein or, as requested by the representatives, to the person who they
appoint to receive it by means of an instrument that is valid under Colombian law, within one
year of notification of this Judgment, in accordance with the following paragraphs.
483. The State must comply with its monetary obligations by payment in United States
dollars. If, for causes that can be attributed to the beneficiaries of the compensation or to their
heirs, it is not possible to pay the amounts decided within the indicated time frame, the State
shall deposit the said amounts in their favor in an account or certificate of deposit in a solvent
Colombian financial institution, in United States dollars, and in the most favorable financial
conditions allowed by banking law and practice. If the corresponding compensation is not
claimed, after ten years the amounts shall be returned to the State with the interest accrued.
484. The amounts allocated in this Judgment as compensation and to reimburse costs and
expenses must be delivered to the persons indicated integrally, as established in this Judgment,
without any reductions for eventual taxes or charges.
485. If the State should incur in arrears, it must pay interest on the amount owed
corresponding to banking interest on arrears in the Republic of Colombia.
X
OPERATIVE PARAGRAPHS
486.
Therefore,
755
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs. Judgment of August 27, 1998. Series C
No 39, para. 79, and Case of the Constitutional Tribunal (Camba Campos et al.) v. Ecuador, para. 316.
756
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs, para. 82, and Case of the Constitutional
Tribunal (Camba Campos et al.) v. Ecuador, para. 316.
757
Cf. Case of Chitay Nech et al. v. Guatemala, para. 287, and Case of Suárez Peralta v. Ecuador, para. 219.
149
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