67
from the processing of the instant case in both the domestic sphere and before the interAmerican system.”
257. In their final arguments brief, the representatives asked the Court to order the State
to pay the costs of the domestic and international processing of the case amounting to
US$10,000.00 (ten thousand United States dollars) to each victim.
258. The State argued that none of the proceedings in the domestic sphere generated
expenditure for the victims because, in the civil sphere, they benefited from free justice and
in the criminal sphere, the proceeding did not entail expenses because it was conducted on
the State’s initiative, independently of the activity of private individuals. In this regard, it
asserted that neither the Commission nor the representatives had submitted vouchers for
costs and expenses at the opportune procedural moment. The State rejected the need to
make a payment for costs and expenses.
259. The Court has indicated that “the claims of the victims or their representatives for
costs and expenses and the evidence to support them must be submitted to the Court at
the first procedural moment granted them; that is, in the pleadings and motions brief,
without detriment to these claims being updated later, in keeping with new costs and
expenses incurred owing to the proceedings before the Court.”207 In their pleadings and
motions brief, the representatives of the victims did not provide documentation
authenticating such expenditure. Moreover, the Court observes that the representatives of
the victims did not refute the State’s arguments that they had benefitted from free justice
in the domestic sphere. Furthermore, from the evidence in the case file it is clear that the
victims who filed civil actions obtained this benefit.208 Regarding the criminal and
administrative proceedings, the Court notes that they were filed by State organs. According
to the representatives, they did not incur expenditure for legal assistance in the
international sphere either, because they acted pro bono. However, the Court also notes
that the victims’ representatives incurred expenses to attend the public hearing of the case
held in Mexico City, D.F. Based on the above, the Courts decides, in equity, that the State
must deliver the sum of US$10,000.00 (ten thousand United States dollars) to the victims,
for costs and expenses. This sum includes any future expenses that the victims may incur
during the monitoring of compliance with this judgment and should be delivered and
distributed in equal parts within one year of the notification of this judgment. The victims
shall deliver, as applicable, the amount they consider appropriate to their representatives in
the domestic sphere and in the proceedings before the inter-American system.
e)
Means of complying with the payments ordered
260. The payment of the compensation for 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 235 and 259 hereof. Should any of the victims have died before
the payment of the respective amounts, these shall be delivered to their successors, in
accordance with the applicable domestic law.
207
Cf. Case of Chaparro Álvarez and Lapo Íñiguez, supra note 185, para. 275; Case of Ticona Estrada, supra
note 170, para. 180, and Case of Tristán Donoso, supra note 9, para. 215.
208
Cf. Procedural motion relating to the civil action for reparation of damage filed by Arlei José Escher, supra
note 114, folio 2127 and judgment of the 4ª Vara da Fazenda Pública of Curitiba of August 9, 2007, supra note
114, folio 1933.
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