81
237. Regarding CEJIL, the proven expenses were approximately US$18,190.00 (eighteen
thousand one hundred and ninety United States dollars), relating to expenditure for
travelling to the Inter-American Commission and per diems for a hearing in this case; to El
Salvador and Guatemala, in relation to several measures to process this case, and to
Panama City to attend the hearing held before the Court in this case. The representatives
also incurred accommodation expenses in Panama for the victim’s companion and additional
days to those covered by the Legal Assistance Fund for a total of US$540.30 (five hundred
and forty United States dollars and thirty cents). In addition, from the vouchers presented
by the representatives, the Court observes that some of them do not correspond only to
expenses incurred in this case, others are illegible or unconnected to the case and, in
fairness, these have been deducted from the calculation made by the Court.
238. The Court also observes that CEJIL requested the proportionate payment of a proven
sum of approximately US$25,165.00 (twenty five thousand one hundred and sixty-five
United States dollars). In this regard, the Court will make a prudent assessment of the
amount that the State must reimburse for this concept, based on the principles of equity and
reasonableness.
239. Consequently, the Court decides to establish, in equity, the amount of US$70,000.00
(seventy thousand United States dollars) for the Asociación de Pro-Búsqueda de Niños y
Niñas Desaparecidos for costs and expenses incurred during the work of searching for the
victims and the litigation of the case at the domestic and the international level. In addition,
the Court establishes, in equity, a total of US$30,000.00 (thirty thousand United States
dollars) for the Center for Justice and International Law (CEJIL) to cover the costs and
expenses of the litigation of this case at the international level. These amounts must be paid
directly to the representative organizations. The Court considers that, in the proceeding to
monitor compliance with this judgment, it can order the State to reimburse the victims or
their representatives for any reasonable expenses incurred during that procedural stage.
G.
Reimbursement of expenses to the Victims’ Legal Assistance Fund
240. In 2008, the General Assembly of the Organization of American States created the
Legal Assistance Fund of the inter-American human rights system in order “to facilitate
access to the inter-American human rights system to those who currently lack the resources
needed to bring their cases before the system.”314 In the instant case, the victims were
granted the financial aid required for the presentation of three testimonies during the public
hearing held in Panama, charged to the Fund (supra paras. 8 and 9).
241. The State had the opportunity to present its observations on the expenditures made
in this case, which amounted to US$4,131.51 (four thousand one hundred and thirty-one
United States dollars and fifty-one cents). The State indicated that the details of the
expenses, in relation to the items covered, are in keeping with the order of the President of
the Court granting the financial assistance. Consequently, in application of Article 5 of the
Rules of the Fund, the Court must evaluate whether to order the respondent State to
reimburse the Inter-American Court’s Legal Assistance Fund for the expenditure incurred.
314
AG/RES. 2426 (XXXVIII-O/08), Resolution adopted by the OAS General Assembly during its thirty-eighth
regular session, at the fourth plenary session held on June 3, 2008, “Establishment of the Legal Assistance Fund of
the Inter-American Human Rights System,” Operative paragraph 2(a), and CP/RES. 963 (1728/09), Resolution
adopted on November 11, 2009, the OAS Permanent Council, “Rules of Procedure for the Operation of the Legal
Assistance Fund of the Inter-American Human Rights System,” Article 1(1)
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