and Amaury González Ramírez, since the effects of the facts of this case on their personal
integrity have been proved, and also their efforts to discover the whereabouts of their
husband and father, respectively. These sums must be paid within one year of notification
of the Judgment.
E)
Costs and expenses
321. As the Court has indicated on previous occasions, costs and expenses are included in
the concept of reparation established in Article 63(1) of the American Convention. 345
322. The Commission asked the Court that, after it had heard the representatives, it order
the State to pay the costs and expenses arising from the processing of this case both in the
domestic sphere and before the inter-American human rights system.
323. The representatives asked the Court to order the State to reimburse, in equity, costs
and expenses to the “Truth Commission” and to the lawyer, Tomás Castro Monegro, for a
total of US$30,000.00 (thirty thousand United States dollars) for “the costs arising from
their professional services during 15 years,” and taking into account that they “have not
kept receipts for most of the expenses incurred.” In addition, they asked that the Court
establish, in equity, the expenses incurred by the Center for Justice and International Law
(CEJIL) at US$25,000.00 (twenty-five thousand United States dollars) for representing the
victim and his family in the international proceedings since 1996. In its final arguments,
CEJIL updated the amounts of the expenses incurred in the litigation before the Court,
which include “the travel and additional expenses incurred for the representatives to attend
the public hearing, as well as expenditure to obtain evidence,” requesting an additional
payment of US$9,228.02 (nine thousand two hundred and twenty-eight United States
dollars and two cents) for a total of US$34,228.02 (thirty-four thousand, two hundred and
twenty-eight United States dollars and two cents).
324. The State contested various vouchers forwarded by the representatives in relation to
its requests concerning costs and expenses.
325. The Court reiterates that, according to its case law, 346 costs and expenses are part of
the concept of reparation, because the activity deployed by the victims to obtain justice at
both the national and the international level, entails expenditure that must be compensated
when the State’s international responsibility is declared in a judgment against it. Regarding
reimbursement, the Court must assess prudently their scope, which includes the expenses
arising before the authorities of the domestic jurisdiction, and also those incurred in the
course of the proceedings before this Court, 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 based on the principle of equity and taking into
account the expenses indicated by the parties, provided that the amount is reasonable.
326. The Court has indicated that “the claims of the victims or their representatives with
regard to costs and expenses, and the evidence authenticating them, must be submitted to
the Court at the first procedural moment granted them, which is in the pleadings and
motions brief. Nevertheless, these claims may be updated subsequently, in accordance with
the new costs and expenses that they have incurred owing to the proceedings before this
345
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 Fontevecchia and D’Amico v. Argentina, supra note 70, para. 124.
346
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs, supra note 345, para. 79, and Case
of Fontevecchia and D’Amico v. Argentina, supra note 70, para. 124.
95
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