97
310. According to the information that appears in the report on the disbursements made
in this case, these amounted to US$2,117.99 (two thousand one hundred and seventeen
United States dollars and ninety-nine cents). In application of article 5 of the Rules for the
Operation of the Fund, it is for the Court to evaluate the admissibility of ordering the
defendant State to reimburse the Legal Assistance Fund for any disbursements made.
311.
In this regard, the Court reiterates the considerations in the order of its President of
January 8, 2013, in which it was indicated that the request to access the Assistance Fund
was made at the appropriate time in the motions and arguments brief and that the
representative had indicated precisely the assistance that the presumed victim required
from the Fund (supra para. 9). In addition, as indicated in the said order, the Court
reiterates that the purpose of access to the Assistance Fund was to cover reasonable and
necessary expenses related to the production of evidence before the Court, specifically for
the presentation of a maximum of four statements, either by affidavit or at the public
hearing.
312. The State opposes reimbursing the Victims’ Fund because “there was an unnecessary
increase in the cost” in relation to the affidavits provided because, according to the State
this would be covered by the Fund. The Court notes that the State has not questioned the
authenticity or truth of the expense vouchers, but has asserted that the affidavits could
have cost less.
313. The representative, in its observations on the final arguments of the State, indicated
that “at the time the quote was obtained, the activities of CONAPREVI had been halted for
approximately one year” and that it “did not know why the lawyer had established a
different amount to the quote provided by the lawyer Irini Villavicencio (on behalf of
CONAPREVI), a situation that is not the responsibility of the representative.”
314. In this regard, the Court notes that there is a difference of Q 800.00 (eight hundred
quetzals) between the voucher for the cost of the affidavits presented by the representative,
and the vouchers presented by the State. However, this circumstance does not affect the
expense that was effectively incurred; thus, it does not find it pertinent to examine further
this point or the other disbursements relating to the travel and accommodation expenses to
ensure appearances before the Court. Regarding the other arguments of the State
concerning the amounts claimed for funeral expenses, this has already been decided in this
Judgment and, in any case, this item was not paid by the Victim’s Fund. Furthermore,
regarding Guatemala’s opposition to being condemned to pay because it does not consider
itself responsible for any violation, this is a matter related to the merits of the case that has
already been decided.
315. Based on the violations declared in this Judgment, the Court orders the State to
reimburse the said Fund the sum of US$2,117.99 (two thousand one hundred and
seventeen United States dollars and ninety-nine cents) for the expenses incurred. This
amount must be reimbursed to the Inter-American Court within ninety days of notification
of this Judgment.
I. Method of complying with the payments ordered
316. The State must pay the compensation for pecuniary and non-pecuniary damage and
reimbursement of costs and expenses established in this Judgment directly to the persons
indicated herein, within one year of notification of this Judgment in accordance with the
following paragraphs.
317. If the beneficiaries should die before the respective compensation is delivered to
them, it must be delivered directly to their heirs pursuant to the applicable domestic laws.
318. The State must comply with its monetary obligations by payment in quetzals or the
equivalent in United States dollars, using the exchange rate in force on the New York