consulted.” Additionally, he requested US$10,926.43 for “the cost of expert evidence, the
notary and expenses resulting from the preparation of briefs.”
365. In his pleadings and motions brief, representative Trejos asked the Court to order
the State to reimburse the costs and expenses he had incurred. In total, he asked the Court
to establish, in equity, the sum of US$45,000.00 for “representing the victims” and for “the
measures taken at the domestic and the international level since 2001 in order to obtain
justice for all of the victims as de facto representative of all of the petitioners in this case
before Costa Rica’s judicial and administrative authorities and before the Inter-American
Commission, as well as of the couples represented […] before the Inter-American Court.” In
his final arguments, representative May repeated the requests made by representative
Trejos and asked that the Court include “invoices for supervening procedural expenses.”
366. The State indicated that “the State cannot agree to the sum that is being requested,
because the amounts are unreasonable, and even some of the amounts claimed are in
excess of the non-pecuniary damage claimed for some of the presumed victims.”
Considerations of the Court
367. As the Court has indicated on previous occasions, costs and expenses are included in
the concept of reparation established in Article 63(1) of the American Convention. 515
368. The Court has stated that the claims of the victims or their representatives for costs
and expenses, and the evidence that supports them, must be presented to the Court at the
first procedural moment granted them, in other words in the pleadings and motions brief,
notwithstanding the possibility of updating the said claims subsequently, in keeping with the
new costs and expenses incurred during the proceedings before this Court. 516
369. Regarding the reimbursement of costs and expenses, it corresponds to the Court to
evaluate their scope prudently; they includes the expenses generated before the authorities
of the domestic jurisdiction, as well as those arising during the proceedings before the interAmerican system, taking into account the circumstances of the specific case and the nature
of the international jurisdiction for the protection of human rights. This assessment may be
made based on the equity principle and taking into account the expenses indicated by the
parties, provided that the quantum is reasonable. 517 Moreover, the Court reiterates that it is
not enough to submit evidentiary documents, but rather the parties must also provide
arguments relating the evidence to the fact it is considered to represent and, since this
relates to alleged financial disbursements, the items and their justification must be
established clearly. 518
370. In the instant case, the Court observes that representative Trejos, who represented
the victims during the proceedings before the Commission (supra paras. 1 and 8), died
515
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs. Judgment of August 27, 1998.
Series C No. 39, para. 79, and Case of Nadege Dorzema et al. v. Dominican Republic, para. 290.
516
Cf. Case of Chaparro Álvarez and Lapo Íñiguez. v. Ecuador, para. 275, and Case of Nadege Dorzema et al.
v. Dominican Republic, para. 292.
517
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs. Judgment of August 27, 1998.
Series C No. 39, para. 82; Case of the Río Negro Massacres v. Guatemala. Preliminary objection, merits,
reparations and costs. Judgment of September 4, 2012 Series C No. 250, para. 314.
518
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, and Case of Vélez Restrepo and family v.
Colombia, para. 307.