107
be clearly established.415
363. In this case, the expenses incurred by I.V. were taken into account to determine the
compensation for pecuniary damage. However, the representative provided evidence to authenticate
the expenditure incurred by Derechos en Acción. The table of expenditure presented included: (i)
cost of legal representation; (ii) cost of time spent on legal work specific to this case by the staff of
Derechos en Acción; (iii) miscellaneous administrative expenses; (iv) external legal advice, and (v)
travel to the public hearing in San José by the representatives (Rielma Mencias, Fernando Zambrana
and Marcelo Claros). Based on the authenticated expenses related to the case, the Court determines
that the State should deliver the sum of US$18,290 (eighteen thousand two hundred and ninety
Untied States dollars) to Derechos en Acción. At the stage of monitoring compliance with this
judgment, the Court may require the State to reimburse the victim or her representative for
subsequent reasonable and duly authenticated expenses. 416
H.
Reimbursement of expenditure to the Victims’ Legal Assistance Fund
364. In 2008, the General Assembly of the Organization of American States created the Victims’
Legal Assistance Fund of the inter-American human rights system “to facilitate access to the interAmerican human rights system by persons who currently lack the resources to bring their cases
before the system.”417 In this case, the Fund provided the financial assistance required to cover the
necessary transportation and accommodation expenses for I.V. to take part in the public hearing, as
well as the reasonable expenditure for preparing and forwarding the affidavits of N.V., Emma Bolshia
Bravo and Andre Gautier. The State did not submit any observations on the report on this
expenditure.
365. Owing to the violations declared in this judgment and because the requirements for access to
the Fund were met, the Court orders the State to reimburse this Fund the sum of US$1,623.21 (one
thousand six hundred and twenty-three United States dollars and 21 cents) for the necessary
expenses incurred to ensure the appearance of the deponent at the public hearing of this case, as
well as for the preparation and forwarding of the affidavits. This amount must be reimbursed within
six months of notification of this judgment.
I.
Method of complying with the payments ordered
366. The State must make the payments of compensation for pecuniary and non-pecuniary
damage and to reimburse costs and expenses established in this judgment directly to the person and
organization indicated herein, within one year of notification of this judgment in accordance with the
following paragraphs.
367. If the beneficiary is deceased or dies before she receives the respective compensation, this
shall be delivered directly to her heirs, pursuant to the applicable domestic law.
368.
The State must comply with its monetary obligations by payment in United States dollars or
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra, para. 277, and Case of Herrera Espinoza et al. v.
Ecuador, supra, para. 248.
415
Cf. Case of the Xákmok Kásek Indigenous Community v. Paraguay. Merits reparations and costs. Judgment of August
24, 2010. Series C No. 214, para. 331, and Case of Herrera Espinoza et al. v. Ecuador, supra, para. 251.
416
AG/RES. 2426 (XXXVIII-O/08), Resolution adopted by the 38th OAS General Assembly, during the fourth plenary
session held on June 3, 2008, “Establishment of the Legal Assistance Fund of the Inter-American Human Rights System,”
Operative paragraph 2(a), and CP/RES. 963 (1728/09), Resolution adopted on November 11, 2009, by the OAS Permanent
Council, “Rules of Procedure for the Operation of the Legal Assistance Fund of the Inter-American Human Rights System,”
Article 1(1).
417