68
when a State’s international responsibility has been declared in a judgment convicting it.
Regarding reimbursement of costs and expenses, it is for the Court to assess their scope
prudently. This reimbursement includes the costs arising before the domestic authorities, as
well as those arising during the proceedings 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 can be made based on the
principle of equity and taking into account the expenses indicated by the parties, provided
their quantum is reasonable.171
244. The Court observes that the Grupo Interdisciplinario por los Derechos Humanos and
the Comisión Colombiana de Juristas forwarded certifications issued by their respective
accountants indicating the expenses they allegedly incurred to assist the case at the
domestic level and before the Commission. Furthermore, regarding the expenses for
producing evidence before this Court, the representatives presented a so-called “budget of
expenses.”172 The Court finds that the documents submitted by the representatives are not
appropriate for determining the amount of the expenditure incurred.173 Nevertheless, the
Court can confirm that the representatives incurred expenses related to processing this case
before it, including bringing lawyers, witnesses, and expert witnesses from Colombia to the
seat of the Court. Consequently, the Court determines, in equity, that the State shall deliver
the sum of US$20,000.00 (twenty thousand United States dollars) to Nelly Valle Jaramillo
for costs and expenses. This amount includes any future expenses that the victims may
incur at the domestic level or while monitoring compliance with this judgment. This amount
shall be delivered within one year of notification of this judgment. Nelly Valle Jaramillo shall,
in turn, deliver the amount she considers appropriate to those who represented her in the
proceedings before the inter-American system, based on the assistance they provided.
E) MEANS OF COMPLYING WITH THE PAYMENTS ORDERED
245. The payment of the compensation and the reimbursement of costs and expenses
shall be made directly to the victims. If any of these persons should be deceased or die
before the respective compensation has been delivered, it shall be delivered to his or her
heirs, in accordance with the applicable domestic law.174
246. The State shall comply with its obligation by payment in United States dollars or the
equivalent amount in Colombian currency.
247. If, for causes that can be attributed to the beneficiaries of the compensation, the
said beneficiaries are unable to receive it within the specified time, the State shall deposit
the appropriate amounts in an account or a certificate of deposit in favor of the beneficiaries
in a Colombian financial institution, in United States dollars, and in the most favorable
financial conditions allowed by banking practice and law. If, after 10 years, the
171
Cf. Garrido and Baigorria v. Argentina. Reparations and costs. Judgment of August 27, 1998. Series C No.
39, para. 82; Case of Bayarri, supra note 13, para. 192, and Case of Apitz Barbera et al. (“First Administrative
Court”), supra note 141, para. 257.
172
“Budget” of expenses for processing the Case of Jesús María Valle Jaramillo before the Inter-American
Court of Human Rights, May 7, 2007 (file of attachments to the pleadings and motions brief, tome II, attachment J,
folios 1419 to 1421).
173
Cf. Case of Vargas Areco, supra note 58, para. 167; Case of Bayarri, supra note 13, para. 193, and Case
of Cantoral Huamaní and García Santa Cruz, supra note 62, para. 205.
174
Cf. Case of Myrna Mack Chang, supra note 5, para. 294; Case of Bayarri, supra note 13, para. 195, and
Case of Heliodoro Portugal, supra note 13, para. 268.
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