166. The representatives indicated that the Díaz Loreto family had not kept the vouchers
for the expenses incurred and, therefore, asked the Court to establish, in equity, the sum of
US$10,000 (ten thousand United States dollars). It also indicated that the Aragua state
Human Rights Commission had incurred expenses throughout the proceedings before the
organs of protection of the inter-American system. However, since it did not have vouchers
for those expenses, they asked the Court to establish, in equity, the sum of US$15,000 (fifteen
thousand United State dollars). Additionally, they indicated that they had begun to work on
this case in 2003 and, therefore, asked the Court to establish, in equity, the sum of US$15,000
(fifteen thousand United State dollars) and that the same sum be reimbursed directly by the
State to the Vicaría de Derechos Humanos. The Commission did not refer to this measure of
reparation. The State indicated that it considered that the amounts requested by the Aragua
state Human Rights Commission and the victims’ representatives were disproportionate; first,
because they were the same people and the same working group and, second, because, in
2007, the representatives relinquished their participation in the criminal proceedings.
167. The Court has indicated that, in the case of financial disbursements, the representatives
must establish the items and their justification. 186 In this case, the evidence provided by the
representatives and the corresponding arguments do not provide a complete justification of
the sums requested. In addition, the Court notes that, in this judgment, it has already ordered
a sum for the victims’ family members in relation to the expenses incurred in order to obtain
justice. Bearing this in mind, the Court establishes, in equity, the sum of US$10,000 (ten
thousand United State dollars) for the Aragua state Human Rights Commission and
US$10,000 (ten thousand United State dollars) for the Vicaría de Derechos Humanos for the
expenses incurred in the processing of the case before the domestic jurisdiction and the interAmerica system of human rights. These sums must be delivered as indicated within one year
of notification of this judgment.
H. Reimbursement of expenses to the Victims’ Legal Assistance Fund
168. In an order of September 18, 2018, the President of the Court declared admissible the
request filed by the alleged victims through their representatives to access the Legal
Assistance Fund, and approved the granting of the necessary financial assistance to present
a maximum of two statements, by affidavit or during the public hearing. The Court’s
Secretariat forwarded the State a copy of the report on the disbursements made in application
of this fund in the instant case, which amounted to US$3,476,97 (three thousand four hundred
and seventy-six United State dollars and ninety-seven cents). Venezuela did not present
observations in this regard. In application of article 5 of the Rules for the Operation of the
Fund, the Court must evaluate whether it is appropriate to order the respondent State to
reimburse the disbursements from the Legal Assistance Fund.
169. Based on the violations declared in this judgment, the Court orders the State to
reimburse this fund the sum of US$3,476,97, for the expenses incurred. This sum must be
reimbursed to the Inter-American Court within 90 days of notification of this judgment.
I. Method of complying with the payments ordered
170. 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
individuals and organizations indicated herein within one year of notification of this judgment,
in keeping with the following paragraphs.
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 Ruíz Fuentes et al. v. Guatemala,
para. 251.
186
-47-