these expenses. Regarding the honorarium of CELS for its work on the international case,
they asked the Court to establish this based on the equity principle. The Commission did not
refer to this point.
190. The State indicated that it would “await the [ruling] made in this regard,” pursuant
to criteria of reasonableness that should predominate when requesting and establishing the
amounts corresponding to the reimbursement of the expenses required in order to access
the internal and the international proceedings, and because the representatives had asked
that these be established based on equity. Meanwhile, in the Agreement, the parties asked
the Court to rule on the scope of the reparations for the victims, which should include the
costs and expenses incurred in the domestic and the international jurisdiction.
E.2. Considerations of the Court
191. The Court reiterates that, according to its case law, 283 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 internal and the international level, entail disbursements that
must be compensated when the international responsibility of the State has been declared
in a judgment.
192. Regarding the reimbursement of expenses, the Court must make a prudent
assessment of their scope, which includes the expenses generated before the authorities of
the domestic jurisdiction, as well as those arising during the proceedings before the interAmerican 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 may be
made based on the principle of equity and taking into account the expenses indicated by the
parties, provided that their quantum is reasonable. 284
193. First, although the representatives did not submit evidence of the expenses incurred
as a result of the demand for justice of the Gutiérrez family before the Argentine
authorities, the Court has verified the constant activity of Nilda del Valle Maldonado and
Francisco Gutiérrez in the criminal proceedings initiated owing to the facts of the case
(supra paras. 47, 60, 141 and 142). Consequently, the Court orders, in equity, that the
State pay each of them the sum of US$6,000.00 (six thousand United States dollars) for the
costs incurred in the domestic litigation.
194. Furthermore, regarding the inter-American litigation, the Court notes that the
representatives forwarded various vouchers for air travel to the seat of the Inter-American
Commission in Washington, D.C., amounting to US$4,213.10 (four thousand two hundred
and thirteen United States dollars and ten cents). The State did not make any observations
in this regard. Consequently, the Court orders the State to reimburse this sum to the
representatives of the victims. In addition, the Court notes that the representatives did not
provide evidence or indicate which family members of Mr. Gutiérrez had travelled to the
seat of the Inter-American Commission in Washington, D.C., because of the case, so that it
will not order an amount for this concept. Also, the Court will not take into account the
vouchers forwarded by the representatives related to a trip to New York, United States of
America, because they did not indicate how this is related to the case.
283
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs. Judgment of August 27, 1998.
Series C No. 39, para. 39, and Case of Luna López, supra, para. 258.
284
Cf. Case of Garrido and Baigorria. Reparations and costs, supra, para. 82, and Case of the Constitutional
Tribunal (Camba Campos et al.), supra, para. 316.
63
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