incurred expenses including for travel and accommodation. They had also incurred administrative
expenses and others corresponding to the legal work providing specific attention to the case, which
included research, compilation and presentation of evidence, interviews, and preparation of briefs.
248. In addition, CEJIL had acted as the victims’ representative in the international proceedings
since August 2003. In the exercise of this representation it had incurred expenses that included
travel and accommodation. It had also incurred expenses corresponding to the legal work providing
specific attention to the case, which included research, compilation and presentation of evidence,
interviews, and preparation of briefs. On this basis, they asked the Court to establish the sum of
US$23,084.77 for expenses. Furthermore, they asked the Court to add the sum of US$9,838.00
(nine thousand eight hundred and thirty-eight United States dollars) to the sum indicated in their
pleadings and motions brief, and to establish the sum of US$32,922.00 (thirty-two thousand nine
hundred and twenty-two United States dollars) for expenses and costs. They also asked the Court to
order that this amount be reimbursed directly to CEJIL by the Guatemalan State. Lastly, they asked
the Court to establish in its judgment the possibility of establishing future expenses resulting from
the monitoring of compliance with the judgment it would deliver in this case.
249. The State indicated that the vouchers presented by the ICCPG lacked authenticity and legal
certainty and, therefore, were not reliable. In addition, the ICCPG had presented the payroll for all
its employees as a voucher as if the only source of income and the only work performed was the
litigation of the case of Mr. Ruiz Fuentes. Added to this, according to the State, the date of some of
the vouchers was incongruent. Consequently, the State rejected each and every one of the supposed
expenses incurred by the ICCPG because they were not directly related to the instant case and,
therefore, asked the Court to declare that they were inadmissible and to reject them. Similarly, the
State asked the Court to require CEJIL to prove the supposed expenses incurred that were directly
related to this case with the respective documents that supported the expenditure incurred.
According to the State, the details and the amounts presented in the table in the pleadings and
motions brief did not constitute any evidence or legal certainty about them and, therefore, the State
indicated that it would not comment on them.
250. The Commission did not present specific arguments on this point.
251. The Court reiterates that, pursuant to its case law, 253 costs and expenses form part of the
concept of reparation because the activity deployed by the victims in order to obtain justice, at both
the national and the international level, entails expenditure that must be compensated when the
international responsibility of the State has been declared in a judgment. Regarding the
reimbursement of costs and expenses, it is for the Court to make a prudent assessment of their
scope, which includes the expenses incurred before the authorities of the domestic jurisdiction, and
also those generated during the process before the inter-American system, taking into account the
circumstances of the particular case and the nature of the international jurisdiction for the protection
of human rights. This assessment may be made based on the equity principle and taking into account
the expenses indicated by the parties, provided their quantum is reasonable.254 The Court has also
indicated that “the claims of the victims or their representatives for costs and expenses, and the
evidence that supports these, must be presented to the Court at the first procedural moment granted
to them, that is, in the pleadings and motions brief, without prejudice to such claims being updated
subsequently in keeping with the new costs and expenses incurred due to the proceedings before
this Court.”255 In addition, the Court reiterates that it is not sufficient merely to forward probative
documents; rather, the parties are required to include arguments that relate the evidence to the fact
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 Gorigoitía v. Argentina, supra, para. 80.
254
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs, supra, para. 82, and Case of Gorigoitía v.
Argentina, supra, supra, para. 84.
255
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs, supra, paras. 79 and 82, and Case of Gorigoitía
v. Argentina, supra, supra, para. 85.
253
54
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