that the vouchers presented included photocopied documents that were not completely legible
and others that were not clearly related to the costs and expenses arising from this case or that
did not correspond to expenses incurred exclusively for this case, such as fuel, vehicle
maintenance and computer equipment, newspaper subscriptions, and supplies such as licenses
for software programs, servers, public domain registration, computer antivirus programs.
Regarding this evidence, it indicated that the representatives had not clearly indicated its
relationship to the case or the percentage of the expenses applied to each aspect. Therefore, it
asked the Court to take these aspects into account when establishing the reasonable quantum,
based on the application of the equity principle.
388.
The Commission did not submit any arguments in this regard.
389. The Court reiterates that, in keeping with its case law,536 costs and expenses are part of
the concept of reparation, because the measures taken by the victims to obtain justice at both
the national and the international level entail expenditure that must be compensated when the
State’s international responsibility has been declared in a guilty verdict. Regarding the
reimbursement of costs and expenses, the Court must prudently assess their scope, which
includes the expenses generated before the authorities of the domestic jurisdiction, as well as
those arising during the proceedings before the inter-American system, taking into consideration
the circumstances of the specific case and the nature of the international jurisdiction for the
protection of human rights. This assessment may be made based on the principle of equity and
taking into account the expenses indicated by the parties, provided their quantum is
reasonable.537
390. The Court has indicated that “the claims of the victims or their representatives for costs
and expenses, together with the evidence to support them, must be presented to the Court at
the first procedural moment granted them, namely 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.”538 The Court also reiterates
that it is not sufficient to merely forward probative documents; rather the parties must present
arguments that relate the evidence to the fact considered represented and, since this refers to
alleged financial expenses, they must define the items and their justification clearly.539
391. The Oficina de Tutela Legal del Arzobispado has worked on the investigation,
documentation, monitoring and processing of the litigation of this case at the national and
international levels from 1990 to date. Regarding the evidence relating to its financial expenses,
the Court verified that the vouchers sent correspond to the 2000 onwards and concern expenses
relating to the arrangements for carrying out the exhumation and forensic work at different sites
between 2000 and 2004, legal representation, documentation expenses, transportation, food,
and per diem expenses, stationery, office supplies, computer maintenance, as well as the travel,
accommodation, food and per diem expenses to attend the hearing held before the Court in this
case in Guayaquil, Ecuador. The Court notes that the expenses authenticated by Tutela Legal del
Arzobispado amount to approximately US$117,116.41 (one hundred and seventeen thousand
one hundred and sixteen United States dollars and forty-one cents). In this regard, the Court
notes that: (a) some receipts refer, in general, to payrolls, documentation expenses, office
supplies, gasoline, and vehicle maintenance, without specifying the percentage that corresponds
to the expenses of this case; (b) some vouchers are for an expense that is not clearly and
536
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs, para. 79, and Case of the Río Negro
Massacres v. Guatemala, para. 314.
537
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs, para. 82, and Case of the Río Negro
Massacres v. Guatemala, para. 314.
538
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 Vélez Restrepo and family members v.
Colombia, para. 307.
539
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, para. 277, and Case of Vélez Restrepo and family
members v. Colombia, para. 307.
119
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