104
Legal Assistance Fund (infra paras. 351 to 356). In addition, the representatives submitted some
of CEJIL’s internal documents containing details of expenses, without attaching proof of payment
in this regard. The aforementioned receipts and documents have not been considered by the Court.
349. The Court confirms that the Asociación Paz y Esperanza did not submit receipts related to
costs and expenses beyond those that refer to their attendance at the public hearing held at the
seat of the Court. In addition, they included vouchers related to expenses additional to those
covered by the Victims’ Legal Assistance Fund of the Inter-American Court for lodging, food and
transportation in Lima and Huancavelica for the preparation of Miryam Rebeca Rivera Holguín’s
expert opinion, which were taken into account to be included in the calculation, since they
entailed expenses related to the litigation of the instant case. For its part, CEJIL submitted
receipts for the purchase of airline tickets, hotel accommodation, transportation, food,
communication and other expenses incurred for work meetings held in Peru and at the
Commission’s headquarters in Washington, as well as for attending the public hearing held at the
seat of the Court. In addition to the foregoing, the Court considers it reasonable to presume that
there were other expenses during the years in which CEJIL acted in the litigation of the case at
the international level, and the Asociación Paz y Esperanza in the litigation of the case at the
domestic and international levels, even though this Court is aware that the domestic criminal
proceedings were paralyzed during several periods.
350. Accordingly, the Court orders the State to pay a reasonable sum of USD $10,000.00 (ten
thousand United States dollars) to the Asociación Paz y Esperanza as reimbursement of costs and
expenses for the work carried out in the litigation of the case at the national and international
level. Likewise, the Court decides to award, in equity, the sum of USD $12,000.00 (twelve
thousand United States dollars) to the Center for Justice and International Law (CEJIL) for the
reimbursement of costs and expenses for the work carried out in the litigation of the case at the
international level. These amounts shall be delivered directly to the aforementioned organizations.
During the stage of monitoring compliance with this judgment, the Court may order the State to
reimburse the victims or their representatives for any subsequent reasonable and duly proven
expenses incurred during this procedural stage.
F. Reimbursement of expenses to the Victims’ Legal Assistance Fund
351. In the pleadings and motions brief, the alleged victims requested, through their
representatives, to have access to the Victims’ Legal Assistance Fund of the Inter-American Court
(hereinafter the “Court’s Assistance Fund” or the “Fund”). In the order of June 9, 2014, the
President of the Court established that the Fund would provide the financial assistance necessary
for the presentation of a maximum of three statements and an expert opinion, either at a hearing
or by affidavit. 383 In an order of December 4, 2014, the President of the Court also ordered financial
assistance to cover travel and accommodation expenses to enable Zenón Cirilo Osnayo Tunque
and José Pablo Baraybar, the alleged victim and the expert witness, respectively, to appear at the
public hearing before the Court. Likewise, financial assistance was ordered to cover the costs of
formalizing and sending two statements submitted by affidavit, as determined by the alleged
victims. In this regard, the representatives were asked to provide the Court with the names of the
two declarants whose affidavits would be covered by the Assistance Fund, as well as to confirm
the cost of formalizing an affidavit in their country of residence and sending it to them. 384
352. In a letter dated December 17, 2014, the representatives confirmed the estimate of the
cost of formalizing an affidavit in the country of residence of the declarants. In a note of December
19, 2014, the Secretariat pointed out that the representatives did not indicate the names of the
383
Cf. Case of the Peasant Community of Santa Bárbara v. Peru. Order of the acting President of the Inter-American Court of
June 9, 2014. Available at: http://www.corteidh.or.cr/docs/asuntos/santabarbara_fv_14.pdf
384
Cf. Case of the Peasant Community of Santa Bárbara v. Peru. Order of the acting President of the Inter-American Court of
December 4, 2014. Available at: http://www.corteidh.or.cr/docs/asuntos/comunidadcampesina_04_12_14.pdf