31
preparation of records, communications, opinions and subsequent dissemination, by
different means, of said information to the American Commission” amounted to US$
5.000, 00 (five thousand dollars of the United States of America). Later on, in the
brief of final arguments, for the same items, the representative requested the
reimbursement of US$ 7.000, 00 (seven thousand dollars of the United States of
America). The representative did not explain the reason for such increase.
150. Likewise, in the initial brief, the representative indicated that “for three nights
of accommodation at a hotel in San José de Costa Rica, […] plus the meals and travel
expenses, the Venezuelan State should reimbursed [Mr. Barreto Leiva] the amount
of a thousand and seven hundred dollars of the United States of America (US$
1.700, 00)”. In the brief of final arguments, the representative increased such
amount, without further explanation, to US$ 2.500, 00 (two thousand five hundred
dollars of the United States of America).
151. The representative requested the reimbursement of US$ 3.000,00 (three
thousand dollars of the United States of America) for airline tickets to attend the
hearing held in this case. Finally, it argued that the State should pay, for
“professional fee”, the amount of US$ 30.000, 00 (thirty thousand dollars of the
United States of America) to Mr. Carlos Armando Figueredo Planchard and US$
10.000, 00 (ten thousand dollars of the United States of America) to Mr. Carlos
Rafael Pérez.
152. The Tribunal considers that the claims of the victims or their representatives
as to costs and expenses and the supporting evidence must be offered to the Court
at the first occasion granted to them, that is, in the brief of requests and motions,
without prejudice to the fact that such claim may be later on updated, according to
new costs and expenses incurred during the processing of the case before this
Court.83 Likewise, the Court has considered that “it is not sufficient to remit probative
documents; rather the parties must develop the reasoning that relates the evidence
to the fact under consideration, and, in the case of alleged financial disbursements,
the items and their justification must be described clearly.”84
153. In the instant case, the representative did not furnish evidence to justify the
disbursement of the alleged expenses. However, the Court also notes that the victim
incurred in expenses to attend the public hearing held in the instant case at the seat
of the Tribunal, as well as expenses for the remittance of briefs, among other things,
during the processing before this Tribunal. Furthermore, it is reasonable to assume
that during the 12 years of the processing of the case before the Commission, the
victim made economic disbursements. Based on the foregoing and considering the
lack of receipts, the Court equitably determines the amount of US$ 10.000, 00 (ten
thousand dollars of the United States of America) in favor of Mr. Barreto Leiva. Said
amount includes future expenses that the victim may incur during the procedure of
monitoring compliance with this Judgment. Mr. Barreto Leiva shall deliver, in turn,
the amount he deems appropriate to the persons who acted as their representatives
at the domestic level and in the processing of the case before the Inter-American
system.
6.3.
Method of Compliance with the Payments Ordered
83
Cf. Case of Molina Theissen V. Guatemala. Reparations and Costs. Judgment of July 3, 2004.
Series C Nº. 108, para. 22; Case of Chaparro Álvarez and Lapo Íñiguez. V. Ecuador, supra note 58, para.
275; and Case of Tristán Donoso V. Panamá, supra note 11, para. 215.
84
Cf. Case of Chaparro Álvarez and Lapo Íñiguez. V. Ecuador, supra note 58, para. 277.