intended exclusively for the representation of Mr. Olivera Fuentes, given that DEMUS “is
an institution that litigates different cases before the [Inter-American Human Rights
System]” and no evidence was provided to show that the invoices for the expenses
reported were specifically for the litigation in question. Regarding the claim for future
expenses submitted by the representatives, the State recalled that, according to the
Court’s constant case law, the payment of costs and expenses is only appropriate if there
is documentation proving that the disbursement was made during the proceeding.
172. The Court reiterates that in accordance with its case law, 217 costs and expenses
form part of the concept of reparation, because the efforts made by the victims in order
to obtain justice, both at the national and the international level, imply expenditures that
must be compensated when the international responsibility of the State is declared in a
judgment. Regarding the reimbursement of costs and expenses, it is for the Court to
prudently assess their scope, including the expenses incurred before the authorities of
the domestic jurisdiction, as well as those generated during the proceedings before the
inter-American 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 principle of equity and taking into account the
expenses indicated by the parties, provided that their quantum is reasonable. 218
173. Taking into account the amounts requested by each of the organizations and the
receipts for expenses submitted, the Court orders in equity the payment of a total of
USD $15,000.00 (fifteen thousand United States dollars) for costs and expenses in favor
of DEMUS, as well as a total amount of USD $10,000.00 (ten thousand United States
dollars) for costs and expenses in favor of Synergía. Said amounts shall be delivered
directly to those organizations. During the stage of monitoring compliance with this
judgment, the Court may order the State to reimburse the victims or their
representatives for reasonable expenses incurred in that procedural stage.
G. Reimbursement of expenses to the Victims’ Legal Assistance Fund of
the Inter-American Court
174. In 2008, the General Assembly of the Organization of American States created the
Victims’ Legal Assistance Fund of the Inter-American System of Human Rights, in order
to “facilitate access to the Inter-American Human Rights System to those persons who,
at present, do not have the necessary resources to bring their case before the Court.” 219
175. By means of a note from the Secretariat of the Court dated December 12, 2022, a
report was sent to the State on the expenditures made in application of the Victims’
Legal Assistance Fund in the present case, which amounted to the sum of USD$ 5,560.07
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs. Judgment of August 27, 1998.
Series C No. 39, para. 82, and Case of Nissen Pessolani v. Paraguay, supra, para. 133.
218
Cf. Case of Garrido and Baigorria v. Argentina, supra, para. 82, and Case of Nissen Pessolani v.
Paraguay, supra, para. 133.
219
AG/RES. 2426 (XXXVIII-O/08), Decision adopted by the OAS General Assembly during the XXXVIII
Regular Session, at the fourth plenary session, held on June 3, 2008, “Creation of the Legal Assistance Fund
of the Inter-American System of Human Rights”, operative paragraph 2(a), and CP/RES. 963 (1728/09),
Decision adopted on November 11, 2009 by the Permanent Council of the OAS, “Rules of Procedure for the
Operation of the Legal Assistance Fund of the Inter-American System of Human Rights”, Article 1(1).
217
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