reasonable amounts granted by the Court under this heading range from US$2,000 to
US$25,000.”474
342. The Court reiterates that, in accordance with it case law,475 costs and expenses are included
in the concept of reparation, because the activities deployed by the victims in order to obtain
justice at both the national and the international level entail disbursements that must be
compensated when the State’s international responsibility has been declared in a guilty verdict.
Regarding the reimbursement, the Court must make a prudent assessment of their scope, which
includes the expenses arising before the authorities of the domestic jurisdiction, as well as those
arising during the proceedings before this Court, taking into account the circumstances of the
specific case and the nature of the international jurisdiction for the protection of human rights. This
assessment can be made based on the principle of equity and taking into account the expenses
indicated by the parties, provided that their quantum is reasonable.476
343. The Court has indicated that “the claims of the victims or their representatives for costs and
expenses, and the evidence that support them, 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 these claims being updated subsequently, in keeping with the new costs and expenses incurred
as a result of the proceedings before this Court.”477 In addition, the Court reiterates that it is not
sufficient to forward probative documents, but the parties must submit arguments relating the
evidence to the fact that it represents and that, in the case of financial disbursement, the headings
and their justification are clearly explained.478
344. In the instant case, the Court observes that the representatives did not submit any
evidence corresponding to the costs and expenses of the proceedings. Despite this, it can be
presumed that the representatives incurred expenses in the processing of the case before the
inter-American system. Consequently, the Court establishes that the State must pay, for costs and
expenses, the amount of US$5,000.00 (five thousand United States dollars) which will be divided
between the “Joel Sierra” Human Rights Foundation, the Asociación para la Promoción Social
Alternativa Minga, the Humanidad Vigente Corporación Jurídica and the “José Alvear Restrepo”
Lawyers’ Group as appropriate.
F. Means of complying with the payments ordered
345. The State must reimburse the costs and expenses established in this Judgment directly to
the organizations indicated herein, within one year of notification of this Judgment.
346. The State must comply with the pecuniary obligations by payment in United States dollars
or in Colombian pesos.
347. If, for reasons that can be attributed to the beneficiaries of the compensation or their heirs,
it is not possible to pay the amounts determined within the indicated time frame, the State must
deposit the said amounts in their favor in an account or certificate of deposit in a solvent
Colombian financial institute, in United States dollars, and in the most favorable conditions allowed
474
In this regard, the State referred to the Court’s case law in relation to the establishment of these amounts;
specifically, it indicated the following cases: Case of Caballero Delgado and Santana v. Colombia. Reparations and costs.
Judgment of January 29, 1997. Series C No. 31, and Case of the Mapiripán Massacre v. Colombia. Merits, reparations and
costs.
475
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs, para. 79, and Case of the Massacres of El
Mozote and nearby places v. El Salvador, para. 389.
476
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs, para. 82, and Case of the Massacres of El
Mozote and nearby places v. El Salvador, para. 389.
477
Cf. Case of Chaparro Álvarez and Lapo Íñiguez. v. Ecuador. Preliminary objections, merits, reparations and costs.
Judgment of November 21, 2007. Series C No. 170, para. 275, and Case of the Massacres of El Mozote and nearby places v.
El Salvador, para. 390.
478
Cf. Case of Chaparro Álvarez and Lapo Íñiguez. v. Ecuador, para. 277 and Case of the Massacres of El Mozote and
nearby places v. El Salvador, para. 390.
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