111
Considerations of the Court
408. The Court reiterates that, based on its case law,404 costs and expenses form part of the
concept of reparation established in Article 63(1) of the American Convention, because the
actions taken by the victims in order to obtain justice, at both the domestic and the international
level, entail disbursements that must be compensated when the international responsibility of
the State has been declared in a judgment.
409. The Court has indicated that the claims of the victims or their representatives for costs
and expenses, and the supporting evidence must be submitted to the Court at the first
procedural moment granted them; that is, in the motions and pleadings brief, without prejudice
to these claims being updated subsequently, based on the new costs and expenses incurred as
a result of the proceedings before this Court. 405 In addition, the Court recalls that it is not
sufficient merely to forward the probative documents; rather, the parties are required to include
arguments that relate the evidence to the fact it is considered to represent and that, in the
case of alleged financial disbursements, the items and their justification are clearly
established.406
410. In this case, the file does not contain any precise evidence supporting the costs and
expenses incurred by the victims’ representatives. Nevertheless, the Court can infer that the
representatives did incur expenses in the exercise of their legal representation during the
proceedings before this Court. Also, it is reasonable to suppose that, during the years that this
case was processed before the Commission, the victims and the representatives made financial
disbursements. Taking this into account, the Court establishes, in equity, the sum of US$10,000
(ten thousand United States dollars) that must be delivered to the representatives for the costs
and expenses arising from the processing of the case before the inter-American human rights
system. At the stage of monitoring compliance with this judgment, the Court may require the
State to reimburse the victims or their representatives for any subsequent, reasonable and duly
authenticated expenses.407
F) Method of compliance with the payments ordered
411. The State shall make the payment of compensation for pecuniary and non-pecuniary
damage directly to the beneficiaries, and the payment for costs and expenses directly to the
representatives, within one year of notification of this judgment, in accordance with the
following paragraphs.
412. If any beneficiary should die before receiving the respective compensation, this shall be
delivered directly to his or her heirs, pursuant to the applicable domestic law.
413. The State shall comply with its obligations by payment in United States dollars or the
equivalent amount in Venezuelan currency, using the exchange rate between the two currencies
in force on the New York Stock Exchange (United States of America), the day before the
payment to make the respective calculation.
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs, para. 79, and Case of Cruz Sánchez et
al. v. Peru, para. 488.
404
Case of Garrido and Baigorria v. Argentina. Reparations and costs, para. 79, and Case of Cruz Sánchez et al. v.
Peru, para. 489.
405
Cf. Case of Chaparro Álvarez and Lapo Íñiguez. v. Ecuador, para. 277, and Case of Cruz Sánchez et al. v. Peru,
para. 489.
406
Cf. Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia. Merits, reparations and costs. Judgment of September 1,
2010 Series C No. 217, para. 291, and Cruz Sánchez et al. v. Peru, para. 492.
407