316. Second, the appropriate procedural moment for the representatives to submit their
claims for reparations for the victims is the pleadings and motions brief. Therefore, the
Court will not take into account the request made by the representatives to include the
expenses incurred by other persons when determining the amount for costs and expenses
(supra para. 312). Also, the Court observes that the representatives did not forward
vouchers for expenses incurred during the processing of the case before the Guatemalan
jurisdiction or before the Inter-American Commission. However, in their final written
arguments, the representatives updated the amount requested with the expenses incurred
to attend the public hearing convened by the Court in this case, which is completely
admissible. To this end, the representatives presented details of the expenses incurred and
attached invoices and receipts to prove them. These expenses amount to approximately
US$12,017.47.373 Nevertheless, the Court notes that the vouchers forwarded by the
representatives correspond to expenses incurred during the transfer and stay in Costa Rica
of 21 persons: four people from the ADIVIMA legal assistance team, the representatives in
this case, two presumed victims deponents, expert witness Michael Paul Hermann Mörth,
the Mayan leader Juan de Dios Garcia Xajil, and 13 others. In this regard, since it has not
been able to prove the strict need for the presence of the last 13 people before the Court
for the litigation of this case, the cost of their trip to Costa Rica will not be considered as
part of the expenses requested by the representatives.
317. The Court also observes that the processing of this case at the domestic and
international level has taken approximately 20 years and the victims and their
representatives have been contributing their labor during this time. The Court considers it
reasonable that, during this time, they have incurred litigation, communication,
transportation and supply expenses, among others. Therefore, the Court finds, in equity,
that the State must pay, for costs and expenses, the sum of US$50,000.00 (fifty thousand
United States dollars). This amount must be delivered directly to the representatives of the
victims. The Court also notes that, during the procedure for monitoring compliance with
this Judgment it may order the reimbursement to the victims or their representatives, by
the State, of the reasonable expenses they incur during that procedural stage.
D.4
Method of compliance with the payments ordered
318. The payment of the compensation for pecuniary and non-pecuniary damage
established in this Judgment shall be delivered directly to the persons indicated herein,
within two years of notification of this Judgment. Fifty per cent of the payment may be
delivered during the first year to each victim, while the remaining sum may be delivered
during the second year, based on the provisions of paragraphs 309 and 310 of this
Judgment. In case of the death of any of the victims before the payment of the respective
amounts, these will be paid to their heirs, in keeping with the applicable domestic laws.
319. The reimbursement of costs and expenses established in this Judgment shall be
made directly to the persons indicated herein, within one year of notification of this
Judgment, in the terms of paragraph 317 hereof.
320. The State must comply with the pecuniary obligations by payment in United States
dollars or the equivalent in national currency, using the exchange rate in force on the New
attach to it a separate opinion. The written and oral statements made by the parties in accordance with paragraph 1.e
of Article 48 shall also be attached to the report.”
373
This amount was calculated based on the receipts forwarded to the Court by the representatives.
106
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