-45principle of equity and taking into account the expenses indicated by the parties, provided
their quantum is reasonable.162
198.
The Court recalls that simply providing the documentary evidence is not sufficient,
rather “the parties must develop the reasoning that relates the evidence to the fact under
consideration and […] that the items for reimbursement and their justifications must be
described clearly.”163 The Court has pointed out that “the claims of the victims or their
representatives in relation to costs and expenses, and the evidence supporting them must be
presented to the Court at the first procedural moment granted them; namely, in the brief with
pleadings and motions, without prejudice to those claims being updated subsequently to
include new costs and expenses incurred as a result of the proceedings before this Court."164
199. The Court notes that the representatives did not refer to the amount of expenses
incurred during the litigation at the domestic level nor did they present any evidence thereon.
The Court, therefore, lacks the evidence necessary to determine the expenses incurred. With
respect to the expenses involved in the litigation at the international level, the representatives
only referred to their expenses that “should be considered by the Court” when the costs and
expenses are determined, referring to air fares and logistical expenses related to the holding
of the public hearing. They provided a table of the “expenses of participating in the hearing”
for a total of USD $2,159.28 (two thousand, one hundred fifty-nine United States dollars and
twenty-eight cents), as well as a table of “travel and affidavit expenses for a total of USD
$149.63 (one hundred forty-nine United States dollars and sixty-three cents)165 and remitted
the respective vouchers.166 The Court notes that the only other vouchers that it has received
are those of the expenses of the Victims’ Legal Defense Fund. Other than that, the Court does
not have any information or evidence with regard to the expenses incurred during the
litigation at the international level, including during the procedures before the Commission,
nor the expenses incurred by the next of kin of the deceased victims.
200. Consequently, the Court determines, in equity, to award the amount of USD $10,000
(ten thousand United States dollars) for costs during the litigation at the domestic and
international levels, which must be paid by the State to the representatives within six months
of notification of this Judgment. Moreover, the Court may order that the State reimburse the
victims or their representatives for reasonable expenses incurred during the stage of
monitoring compliance with this Judgment.
G. Reintegration of the expenses to the Victims’ Legal Assistance Fund
201. APRODEH, in representation of the victims, presented a request of support to the
Victims’ Legal Assistance Fund of the Court to “cover some specific costs related to the
production of evidence during the proceedings of the present case before the Court.” The
Order of the President of the Court of January 22, 2014 (supra para. 8) authorized financial
assistance for the Fund that was necessary to present a maximum of two statements and an
expert opinion, either at the hearing or by affidavit. Later, the Order of the President of March
26, 2014 approved such assistance to cover the necessary travel and lodging expenses so
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and Costs, para. 82 and Norín Catrimán et al.
(Leaders, Members and Activist of the Mapuche Indigenous People) v. Chile, para. 450.
162
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 dexpelled Dominicans and Haitians
v. Dominican Republic, para. 496.
163
Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, para. 275 and Case of Landaeta Mejías Brothers
et al. v. Venezuela, para. 328.
164
165
Evidence file, folios 4969 and 4970.
166
Evidence file, folios 4972 to 4993.