F.1. Arguments of the parties
141. The Commission requested the Court, “after hearing the
representatives of the victims and their families,” to order the State to pay
costs and expenses that have been generated both domestically and before
the Inter-American System of Human Rights. The representative noted that
he has incurred expenses to deal with the case before the Inter-American
System for the last 17 years, and as such requested that the Court order, in
equity, the payment of $ 15,000.00 dollars of the United States of America.
The State indicated that the cost must be “appropriately justified[.]”
F.2. Considerations of the Court
142. Costs and expenses constitute the amounts incurred both before the
domestic authorities, as well as those before the Inter-American System. In
this regard, the Court reiterates that the claims of the victims or their
representatives concerning costs and expenses, and the evidence to support
them, must be submitted to the Court at the first procedural occasion granted
to them, namely, in the brief of pleadings and motions, notwithstanding the
possibility that these claims may be updated subsequently, in keeping with
the new costs and expenses that may have been incurred as a result of the
proceedings before this Court.135 Furthermore, the Court reiterates that it is
not sufficient that the parties merely submit probative documents; rather
they are required to submit arguments that connect the evidence to the fact
that it is supposed to represent, and in the case of alleged financial
disbursements, the items and their justification must be clearly explained. 136
143. The Court notes that the representatives did not present any evidence
regarding the processing of the present case before the Inter-American
Commission. Moreover, regarding some of the evidence regarding costs
incurred due to this process, the representative did not specify or argue what
sort of cost was applicable to the receipts and their relation to this case.
Nevertheless, in this regard, it is also evident from the case file that the
representative presented some receipts regarding costs incurred from the
public hearing held in the present case (supra paras. 8 and 9), such as travel,
housing, visas, yellow fever vaccinations, and exit fees. 137 The Court also
takes into account that in this case there was no investigation conducted at
135
Cf. Case of Chaparro Álvarez and Lapo Íñiguez. V. Ecuador, supra note 16, para. 275;
Case of Salvador Chiriboga V. Ecuador, supra note 118, para. 138, and Case of Abrill Alosilla et
al. V. Perú. Merits Reparations and Costs, supra note 7, para. 137.
136
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;
Case of Gelman V. Uruguay. Merits and Reparaciones. Judgment of February 24, 2011. Series C
No. 221, para. 302, and Case of Salvador Chiriboga V. Ecuador. Reparations and Costs.
Judgment of March 3, 2011. Series C No. 222, para. 138.
137
These costs ascend to approximately US $2,568.12 (two thousand five hundred and
sixty-eight dollars and twelve cents of the United States of America). “Annex 4. Documents
regarding airplane tickets, accommodation, and food in Costa Rica, sending mail, obtaining visas,
vaccinations, exit fees in Costa Rica, and so on.” (Case file of Merits, tome II, folios 1301 to 1311
and 1323) .
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