submitted a new estimate of said items adding up to US$ 180,786.81 (one
hundred and eighty thousand seven hundred and eighty-six United States
dollars and eighty-one cents), instead of the original estimate included in their
brief on reparations, which added up to 141,768,353 (one hundred and fortyone million seven hundred and sixty-eight thousand three hundred and fiftythree Colombian pesos).88 Finally, they reiterated their willingness to waive
restitution of the expenses if the State voluntarily agrees to adopt several
measures of satisfaction; and
b)
CEJIL requested in the brief on reparations, for expenses incurred
during the proceedings before the Court, US$ 10,388.70 (ten thousand three
hundred and eighty-eight United States dollars and seventy cents).
Arguments of the Commission
79.
The Commission argued that:
a)
payment for legal costs and expenses requested by the
representatives of the next of kin of the victims is reasonable and they agree
with the request, fully justified in light of the economic efforts made by said
representatives during the proceedings; and
b)
they do not agree with the position of the State regarding nonreimbursement of expenses related, among other items, to appearance of
witnesses at the hearing on the merits, as the Court had to take their
testimony into account to reach its decision on the case.
It is the
understanding of the Commission that Colombia is under an obligation to
cover the probatory expenses incurred during these proceedings because it is
evidence gathered in view of decisions of the Court, and it is not at the will of
the State to determine which evidence-gathering costs it must pay.
Arguments of the State
80.
The State, in turn, argued that
a)
it would not be fair in this case for the State to cover expenses that
were not incurred by the representatives of the next of kin of the victims in
connection with the proceedings or evidence that was decreed despite the
opposition o the State and that was not useful for the proceedings, such as
presentation of the witnesses, the expert witness, evidence involving
exhumation, and expenses of the “observer in the spectrometry test;”
b)
the amounts alleged by the representatives of the next of kin of the
victims must be studied carefully to determine legal expenses and costs, as
there are several inconsistencies in the appendices supplied by the Colombian
Commission of Jurists regarding legal fees and they do not prove direct
relationship of amounts charged for various expenses; and
88
This amount was roughly equivalent to US$ 61,430.00 (sixty-one thousand four hundred and
thirty United States dollars), at the exchange rate between the Colombian peso and the United States
dollar at the time the brief on reparations was filed.
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