70
evidence to the fact it is meant to represent and, in the case of alleged financial disbursements, the
items and their justification must be clearly established.248
273. Although the reimbursement of expenses arising from the domestic proceedings, as well as
expenses for sending documents to the Commission, was requested under the heading of
consequential damages, given their nature, these will be analyzed as costs and expenses (supra,
para. 246). The Court notes that no receipts were provided for expenses derived from the quest for
justice at the domestic level, or before the Inter-American Commission, or regarding the fees of the
lawyers who represented Mr. Muelle Flores before those bodies. Nevertheless, the Court considers
that it must be presumed that the victim incurred additional expenses arising from the different
remedies he pursued, during 25 years, in order to obtain compliance with and execution of the
judgments issued in his favor in the domestic courts, as well as his search for justice before the
Inter-American Commission. The Court considers it important to point out that this amount does not
include payment of the expenses incurred in the proceeding before this Court, which were covered
by the Victims’ Legal Assistance Fund (infra para. 276).
274. Consequently, the Court decides to order the payment of a reasonable sum of US$ 10,000.00
(ten thousand United States dollars) for costs and expenses. This amount must be paid to Mr. Oscar
Muelle Flores. In the monitoring compliance with judgment proceeding, the Court may order the
State to reimburse the victim or his representatives for reasonable expenses duly proven in that
procedural stage.249
G. Reimbursement of expenses to the Victims’ Legal Assistance Fund
275. In the instant case, the President of the Court, in an Order of July 27,2018,250 granted financial
assistance from the Fund to cover the following expenses: i) travel, transfers and accommodation
costs required to meet with the presumed victim in Lima in October 2017; ii) expenses incurred in
obtaining the affidavits of the presumed victim, two witnesses and an expert witness, all proposed
by the defense attorneys, as specified in the operative paragraphs of this Order, and iii) any other
reasonable and necessary expenses that the representatives have incurred or may incur, and for
which they must submit to the Court both the justification for such expenses and the relevant
receipts.
276. The State had an opportunity to present its observations on the disbursements made in this
case; however, in its brief of November 28, 2018, it stated that it had no observations to make in
that regard.
277. Therefore, considering the violations declared in this Judgment and that the petitioners
complied with the requirements for accessing the Fund, the Court orders the State to reimburse this
Fund in the amount of US$ 2,334.04 (two thousand, three hundred and thirty-four United States
dollars and 04/100 cents). This amount must be reimbursed within six months of notification of this
Judgment.
H. Method of compliance with the payments ordered
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra, para. 277, and Case of Women Victims of Sexual
Torture in Atenco v. Mexico, supra, para. 379.
249
Cf. Case of the Xákmok Kásek Indigenous Community v. Paraguay. Merits, reparations and costs. Judgment of August
24, 2010. Series C No. 214, para. 331, and Case of Women Victims of Sexual Torture in Atenco v. Mexico, supra, para. 379.
248
250
Cf. Order of the President of the Inter-American Court of Human Rights of July 27, 2018 (merits file, folios 496-502).
Available at: http://www.corteidh.or.cr/docs/asuntos/muelle_27_07_18.pdf