294. The Court has indicated that “the claims of the victims or their representatives concerning costs and expenses, and the evidence that support them, must be presented to the Court at the first procedural moment granted them; that is, in the motions and arguments brief, without prejudice to those claims being updated subsequently, in keeping with the additional costs and expenses incurred owing to the proceedings before this Court.” 405 Furthermore, the Court reiterates that it is not sufficient to merely forward probative documents; rather, the parties must explain how the evidence relates to the fact that it is considered to represent and, in the case of financial disbursements, the items and their justification must be clearly established. 406 295. Regarding the expenses incurred by the next of kin in the initial stages, the Court has already assessed these under the concept of consequential damage. In the case of the work of APRODEH, which has supported the next of kin of Jeremías Osorio Rivera in the investigation and litigation of this case at the domestic and the international levels from 1997 to date, the only vouchers submitted correspond to expenses for travel, accommodation, food and per diem to attend the hearing on this case held before the Court in San José, Costa Rica. 296. Consequently, the Court decides to establish, in equity, the sum of US$10,000.00 (ten thousand United States dollars) for the Asociación Pro Derechos Humanos (APRODEH) to reimburse costs and expenses for its work in the litigation of the case at the domestic and the international levels since 1997. This amount must be delivered directly to the organization. The Court considers that, in the proceeding on monitoring compliance with this Judgment, it may decide that the State must reimburse the victims or their representatives any reasonable expenses they incur during that procedural stage. F. Reimbursement of expenses to the Victims’ Legal Assistance Fund 297. In 2008, the General Assembly of the Organization of American States established the Legal Assistance Fund of the Inter-American Human Rights System, “in order to “facilitate access to the inter-American human rights system by persons who currently lack the resources needed to bring their cases before the system.” 407 In this case, the financial assistance required to cover the travel and living expenses required for Porfirio Osorio Rivera and Avelino Trifón Guillén Jáuregui to appear before the Court and to testify during the public hearing held at the seat of the Court in San José, Costa Rica, was granted from this Fund, as well as the cost of preparing and sending the affidavit of a deponent proposed by the representatives (supra para. 7). 298. The State had the opportunity to present its observations on the disbursements made in this case, which amounted to US$3,306.86. Peru indicated that the details of the expenses indicated had been certified by the Court’s Secretariat, and therefore had sufficient credibility. In addition, these disbursements are in keeping with the provisions of the Orders of the acting President of the Court for this case of July 8 and March 12, 2013. However, the State recalled that, before ordering a State to reimburse the expenses incurred to the Fund, the Court must determine 405 Case of Garrido and Baigorria v. Argentina. Reparations and costs, supra, para. 79, and Case of the Constitutional Tribunal (Camba Campos et al.) v. Ecuador, supra, para. 317. 406 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. 277, and Case of Luna López v. Honduras, supra, para. 259. 407 AG/RES. 2426 (XXXVIII-O/08), Resolution adopted by the thirty-eighth General Assembly of the OAS, during the fourth plenary session, held on June 3, 2008, “Creation of the Legal Assistance Fund of the Inter-American Human Rights System,” operative paragraph 2(b), operative paragraph 2(a), and CP/RES. 963 (1728/09), Resolution adopted by the OAS Permanent Council on November 11, 2009, “Rules of Procedure for the Legal Assistance Fund of the Inter-American Human Rights System,” article 1(1). 96

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