51
199. The Court has indicated that “the claims of the victims or their representatives
concerning costs and expenses, and the evidence supporting them, must be submitted to
the Court at the first procedural moment granted to them; namely in the pleadings and
motions brief, without prejudice to these claims being updated subsequently, in keeping
with the new costs and expenses incurred owing to the proceedings before this Court.”153
Neither in their pleadings and motions brief nor at any other subsequent opportunity did
the victims’ representatives provide any evidence to support the expenses allegedly
incurred. In addition, regarding the Police Investigation, the Court notes that, as Brazil has
indicated, this was implemented by State bodies. In the international sphere, as the
representatives indicated, the victims did not incur expenditure for legal assistance, since
the representatives acted pro bono. Nevertheless, the Court also notes that the victims’
representatives incurred expenses to attend the public hearing of the case held in Santiago,
Chile, as well as expenses related to the exercise of their legal representation, such as the
submission of their briefs, as well as communication expenses, during the proceedings
before this Court. Bearing this in mind and given the lack of vouchers for these expenses,
the Court decides, in equity, that the State must deliver the sum of US$8,000.00 (eight
thousand United States dollars) for costs and expenses. This amount includes any future
expenses that the victims may incur during monitoring compliance with this judgment and
must be delivered within one year of notification of this judgment to Iracema Garibaldi, who
shall deliver the amount she deems appropriate to her representatives in the domestic
sphere and in the proceedings before the inter-American system.
iv) Means of complying with the payments ordered
200. The payment of the compensation for pecuniary and non-pecuniary damage and the
reimbursement of costs and expenses established in this judgment shall be made directly to
the victims, within one year of notification of this judgment, taking into consideration the
provisions of paragraphs 187, 193 and 199 hereof. Should any of the victims die before
payment of the respective amounts, these amounts shall be delivered to their successors,
in accordance with the applicable domestic law.
201. The State shall comply with its pecuniary obligation by payment in United States
dollars or the equivalent amount in national currency, using the rate in force on the New
York market the day before the payment to calculate the exchange rate.
202. If, for causes that can be attributed to the victims, it is not possible to pay the
amounts ordered within the specified time, the State shall deposit the said amounts in an
account or a certificate of deposit in favor of the victims in a solvent Brazilian financial
institution in the most favorable financial conditions allowed by banking practice and law. If,
after 10 years, the sum allocated has not been claimed, the amount shall be returned to
the State with the accrued interest.
203. If the State falls in arrears, it shall pay interest on the amount owed corresponding
to bank interest on arrears in Brazil.
IX
OPERATIVE PARAGRAPHS
204.
153
Therefore,
Cf. Chaparro Álvarez and Lapo Íñiguez. v. Ecuador. Preliminary objections, merits, reparations and costs.
Judgment of November 21, 2007. Series C No. 170, para. 275; Case of Escher et al., supra note 9, para. 259, and
Case of Tristán Donoso, supra note 9, para. 215.
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