84
339. Finally, in the case of Elba Katherine, Manuel Guillermo and Claudia Marcela, all with the
surnames Omeara Álvarez, it must be taken into account that at the time of the events they
were children, and the events they suffered affected their rights to humane treatment, family,
free movement and residence, children's rights, a fair trial and judicial protection. Due to this,
the Court sets, in fairness, for each of the three, the sum of USD $25,000.00 (twenty-five
thousand United States dollars) for non-pecuniary damage. In the event of the death of any of
the named persons, the amounts established for non-pecuniary damage in favor of the
aforementioned persons must be delivered to their next of kin following the criteria established
in paragraph 327 of this judgment.
G.
Costs and Expenses
340. The representatives requested as costs and expenses, the sum of USD $22,868.75
(twenty-two thousand eight hundred and sixty-eight United States dollars and seventy-five cents)
in favor of the CCJ and USD $3,365.00 (three thousand three hundred and sixty-five United
States dollars) for CEJIL; amounts that include the procedure before the Commission, fees,
expenses made during the process before the Court, communications expenses, a trip to
Colombia to document the case, and travel related to the investigation work, collection,
presentation of evidence and preparation of written. Subsequently, the representatives attached
a table with the costs incurred by the CCJ, for an amount of USD $4,796.33 (four thousand seven
hundred and ninety-six United States dollars and thirty-three cents) with its supporting
documents, for the travel of its officials and Mr. Jaime Antonio Omeara Miraval, as well as his
travel from Valledupar to Bogotá, and his support evidence for the expenses of a passport and
visa to attend the public hearing in this case. Finally, they requested that the Court establish the
relevant amount in fairness and that said amount be reimbursed directly from the State to the
representatives.
341. The State indicated that it has duly accredited the costs and expenses presented by the
representatives of the victims in the pleadings and motions brief. Notwithstanding the foregoing,
with respect to the additional amount requested for costs and expenses for expenses incurred
subsequently, to attend the public hearing, the State argued that the representatives did not
support their request, since there is no relationship between some expenses and representation
work. They indicated that there are repeated or unjustified supporting documents, and illegible
documents.
342. The Court reiterates that, in accordance with its case law,325 the costs and expenses are
part of the concept of reparation, since the activity carried out by the victims in order to obtain
justice, both at the national and international levels, implies expenses that must be
compensated when the international responsibility of the State is declared through a conviction.
Regarding the reimbursement of costs and expenses, it is up to the Court to prudently assess
its scope, which includes the expenses generated before the authorities of the domestic
jurisdiction, as well as those generated in the course of the process 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 can be made based
on the principle of equity and taking into account the expenses indicated by the parties,
provided that their quantum is reasonable.326
343. In consideration of the statements by the State regarding the accreditation of the additional
amount requested by the representatives for costs and expenses, this Court has verified that
325
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 López Soto et al. v. Venezuela, supra, para. 281.
326
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and Costs, supra, para. 82, and Case of López
Soto et al. v. Venezuela, supra, para. 281.