379. As the Court has indicated on previous occasions, costs and expenses are included in
the concept of reparation established in Article 63(1) of the American Convention.443
380. In their briefs with pleadings and motions and with final arguments, the
representatives asked the Court to order the State to pay the following amounts for costs
and expenses: (a) the sum that the Court establishes, in equity, to the Barrios family for
their disbursements in the domestic legal proceedings; (b) to the Aragua Commission,
US$30,000.00 (thirty thousand United States dollars) for the expenses incurred at the
domestic level and in the international sphere up until the presentation of the pleadings and
motions brief, and US$2,599.00 (two thousand five hundred and ninety-nine United States
dollars) for the expenses incurred subsequently; (c) to COFAVIC, US$7,078.00 (seven
thousand and seventy-eight United States dollars) from October 2010 until the presentation
of the pleadings and motions brief, and US$8,990.00 (eight thousand nine hundred and
ninety United States dollars) for the expenses incurred subsequently, and (d) to CEJIL,
US$17,000.00 (seventeen thousand United States dollars) from 2005 until the presentation
of the pleadings and motions brief, and US$7,585.00 (seven thousand five hundred and
eighty-five United States dollars) for the expenses incurred subsequently.
381. Regarding their reimbursement, the Court must assess their scope prudently, which
includes the expenditure arising before the authorities of the domestic jurisdiction and that
incurred during the proceedings before the inter-American system, taking into account the
authentication of the expenses incurred, the circumstances of the specific case, and the
nature of the international jurisdiction for the protection of human rights. The calculation
may be made based on the equity principle and assessing the expenses authenticated by
the parties, provided the amount is reasonable.444
382. The Court has indicated repeatedly that “the claims of the victims or their
representatives for costs and expenses, and the evidence supporting them, must be
presented to the Court on the first procedural occasion granted them, that is in the
pleadings and motions brief, without prejudice to those claims being updated at a later
date, to take into account the new costs and expenses that have been incurred in the
proceedings before this Court.445 In the instant case, the Court observes that the documents
forwarded by the representatives regarding the costs and expenses incurred prior to the
submission of the pleadings and motions brief were presented late (supra para. 17).
Consequently, the Court will only consider those provided with the final written arguments
that refer to the new costs and expenses incurred owing to the proceedings before this
Court; in other words, those incurred after the pleadings and motions brief.
383. Notwithstanding the foregoing, the Court has verified that the representatives
incurred different expenses before the Court. Bearing this in mind, the Court determines, in
equity, that the State must deliver the sum of US$2,000.00 (two thousand United States
dollars), or the equivalent in Bolivares Fuertes, to Eloisa Barrios, and a total of
US$18,000.00 (eighteen thousand United States dollars) to the Justice and Peace
Commission of Aragua state, COFAVIC and the Center for Justice and International Law for
costs and expenses. In the proceeding on monitoring compliance with this judgment, the
443
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs. Judgment of August 27, 1998.
Series C. No. 39, para. 79, and Case of Barbani Duarte et al., supra note 12, para. 252.
444
Cf. Case of Garrido and Baigorria, supra note 443, para. 82, and Case of Barbani Duarte et al., supra note
12, para. 270.
445
Cf. Case of Chaparro Álvarez and Lapo Iñiguez, supra note 56, para. 197, and Case of Barbani Duarte et
al., supra note 12, para. 270.
113
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos