217.
The Court reiterates that, pursuant to its case law, 238 costs and expenses are part of
reparations, since the activity carried out by the victims in their search for justice, both
nationally and internationally, involves expenditures that must be compensated when the
international liability of the State is declared by means of a condemnatory judgment. Turning
to the reimbursement of costs and expenses, it is up to the Court to prudently assess their
scope, which includes expenses before the authorities of domestic jurisdiction, as well as
those incurred in the course of the proceedings before the inter-American system, 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. 239
218. In this case, the representative requested reimbursement of costs and expenses
incurred by the relatives and representatives of Juan Carlos Flores Bedregal; however, they
did not present any evidentiary support on the expenditures incurred in the domestic
jurisdiction, only making a generic allusion thereto. Regarding the proceedings before the
Commission and the Court, it also did not provide the respective documents, except for some
related to the proceedings before the Court, and in particular, certain expenses incurred after
the submission of the brief of applications and arguments. Additionally, the representatives
requested the sum of USD$10,000.00 (ten thousand United States dollars) for the work
carried out in the defense in this case as of July 1, 2019, to be paid to Karina Fernández Neira
and the sum USD$5,000.00 (five thousand United States dollars) to André Lange Schulze.
219. The Court decides to establish, in equity, the amount of USD$40,000.00 (forty
thousand United States dollars ), in favor of the Flores Bedregal sisters, for reimbursement
of costs and expenses for the work carried out in litigation of the case at the domestic and
international levels. The established amount is to be divided in equal parts between Olga
Beatriz, Verónica, Eliana Isbelia, and Lilian Teresa Flores Bedregal. The share corresponding
to deceased persons shall be distributed among their heirs. Likewise, the Court decides to fix,
in equity, the amount of USD$16,050.00 (sixteen thousand fifty United States Dollars), for
reimbursement of costs and expenses, for the work carried out in the litigation of the case at
the international level. The established quantity must be paid out as follows: USD$10,500.00
(ten thousand five hundred United States dollars) to Karinna Fernández Neira, and
USD$5,550.00 (five thousand five hundred and fifty United States dollars) to André Lange
Schulze.
220. The Court considers that, in the procedure for monitoring compliance with this
judgment, it may provide that the State reimburse the victims or their representatives for the
reasonable expenses incurred at that stage of the proceedings.
F. Access to the Victims' Legal Assistance Fund
221. In this case, the merits granted the necessary financial assistance to cover the travel
and lodging expenses, necessary for the representative Rafael Humberto Subieta Tapia and
Olga Beatriz Flores Bedregal, to appear before this Court to make the defense and render
their statements, respectively, at the public hearing to be held in this case, as well as the
reasonable expenses of: i) formalization and sending of the declarations by affidavit, which
correspond to the declarations of Verónica and Lilian Teresa Flores Bedregal; ii) and the costs
of carrying out, formalizing and sending three expert opinions that must be presented by
238
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and Costs. Judgment of August 27, 1998. Series
C No. 39, para. 82, and Case of Deras García et al. v. Honduras, supra, para. 131
239
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and Costs, supra para. 82, and Case of Deras
García et al. v. Honduras, supra, para. 131.
61