F. Costs and expenses
156. In his pleadings and motions brief, Mr. Casa Nina asked that the Court “order the State
[…] to reimburse the costs and expenses incurred […] in both the procedure before the InterAmerican Commission, and the proceedings […] before the Inter-American Court.” The State
did not present arguments in this regard.
157. The Court reiterates that costs and expenses form part of the concept of reparation
because the actions taken by the victims in order to obtain justice, at both the national and
the international level, entail disbursements that should be compensated when the
international responsibility of the State has been declared in a judgment convicting it.
Regarding the reimbursement of costs and expenses, it is for the Court to make a prudent
assessment of their scope, which includes the expenses arising before the authorities of the
domestic jurisdiction, as well as those incurred during the proceedings before the interAmerican 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 made be
made based on the principle of equity and taking into account the expenses indicated by the
parties, provided their quantum is reasonable.144
158. In the instant case, the file contains no evidentiary support for the costs and expenses
that Mr. Casa Nina incurred during the processing of the case before the inter-American
system and the victim did not base his request on any specific amount. However, the Court
considers that such procedures necessarily entail pecuniary disbursements and, therefore,
determines that the State must deliver to Julio Casa Nina the sum of US$15,000.00 (fifteen
thousand United States dollars) for the concept of costs and expenses. It should be added
that, at the stage of monitoring compliance with this judgment, the Court may establish that
the State reimburse the victim or his representative for any reasonable expenses they incur
at that procedural stage.145
G. Reimbursement of expenses to the Victim’s Legal Assistance Fund
159. In the instant case, in an order of August 3, 2020, the President of the Court admitted
the request presented by Julio Casa Nina to access the Victim’s Legal Assistance Fund of the
Court. In the order, the President stipulated that the necessary financial assistance be
provided to cover the reasonable costs of the preparation and mailing of Mr. Casa Nina’s
affidavit.
160. On October 28, 2020, as established in Article 5 of the Court’s Rules for the Operation
of the said Fund, a note was sent to the State with information on the disbursements and a
voucher for expenses amounting to S/2,500 (two thousand five hundred soles of the Republic
of Peru). The State argued that, based on the voucher presented by the representative, the
cost of preparing Mr. Casa Nina’s affidavit was “extremely high,” even “three times its real
value, and was not justified by the service provided.”
161. In this regard, the Court recalls that a communication of the Court’s Secretariat of
September 16, 2020, advised that the admissibility of the said statement would be decided at
the proper procedural moment because it was forwarded eight days after the time frame had
expired. As indicated in this judgment, the Court decided to admit the affidavit made by Julio
144
85.
Cf. Case of Garrido and Baigorria v. Argentina, supra, para. 82, and Case of Almeida v. Argentina, supra, para.
Cf. Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia. Merits, reparations and costs. Judgment of September
1, 2010. Series C No. 217, para. 29, and Case of Almeida v. Argentina, supra, para. 86.
145
41