47
177. The costs and expenses are included within the concept of reparation as
enshrined in Article 63(1) of the American Convention.135
178. The Commission requested the Court that, once the representative is heard,
orders the payment of the costs and expenses duly proven by the representative, in
consideration of the special characteristic of the case. The representative stated that
Ticona Estrada's family has incurred and keeps incurring in a series of expenses for
the processing of the criminal proceedings Comisión Nacional de Desaparecidos c/
rené Veisaga et al., related to attorney's fees, photocopies of the judicial case file,
travels and accommodation in the city of La Paz and therefore, requested the
reimbursement of US$ 1.500.00 (one thousand five hundred dollars of the United
States of America). As to the expenses of Ticona Estrada’s family in the international
processing, related to transportation and accommodation in the city of La Paz, as
well as searching for documentation, the representative requested the Court to
determine an amount in equity. Lastly, the representative expressed that any other
expense related to his participation as Ombudsman of Bolivia before the Commission
and the Court is hereby excluded and rejects any other qualification that the Court
may do. The services rendered as Ombudsman are free of charge, in accordance
with Ombudsman Law 1818 of December 22, 1997. Moreover, the State made a
detailed description of the expenses requested by the representative at the domestic
and international level and, specifically, indicated that the services of the
Ombudsman are free of charge; for that reason, the State should not be punished
for the expenses incurred by Ticona Estrada’s family in order to access the InterAmerican system of Human Rights. Finally, it pointed out that is necessary to exactly
determine the expenses incurred by Ticona Estrada's family, regardless of the
service and expenses presented by the Ombudsman and, it requested the Court to
assess such expenses on the grounds of equity.
179. The Court has pointed out that the actions carried out by the victims in order
to obtain justice, at the domestic and international level, imply expenses that must
be compensated when a condemnatory judgment declares the international
responsibility of the State. Regarding the reimbursement of the costs and expenses,
the Tribunal has pointed out that it has to wisely assess its scope, which comprises
the expenses incurred at the domestic jurisdiction as well as those incurred in 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 must be made on an equitable
basis and taking into account the expenses incurred by the parties, as long as the
quantum is reasonable.136
180. In the instant case, at the moment of forwarding the brief of requests and
motions (supra para. 4) the representative did not present the respective vouchers
of the costs and expenses that the relatives of Renato Ticona would have allegedly
incurred into. In such regard, the Tribunal considers that the claims of the victims or
their representatives as to costs and expenses and the supporting evidence must be
135
Cf. Case of Garrido and Baigorria v. Argentina, supra note 88, para. 79; Case of Heliodoro
Portugal v. Panamá, supra note 13, para. 264; and Case of Bayarri v. Argentina, supra note 16, para.
188.
136
Cf. Case of Garrido and Baigorria v. Argentina, supra note 88, para. 82; Case of Apitz Barbera et
al. (“First Court of Administrative Disputes”) v. Venezuela, supra note 109, para. 257; and Case of Bayarri
v. Argentina, supra note 16, para. 161.