Josianni De Jesús Mora Jiménez (niece)
US$ 5,000.00
E.- Costs and Expenses
282. The representatives requested that the Court order the State to pay the
following amounts in respect of costs and expenses: i) the amount set by the Court, in
equity, for expenses incurred by the family of Néstor José Uzcátegui during the
domestic legal proceedings; ii) the sum of US$ 66,520.62 (sixty-six thousand, five
hundred and twenty dollars of the United States of America and sixty-two cents) for
expenses incurred by COFAVIC at the domestic and international levels, and iii) the
sum of US$ 11,837.00 (eleven thousand, eight hundred and thirty-seven dollars of the
United States of America) for CEJIL. The representatives requested that the amounts
set in respect of costs and expenses be paid directly to COFAVIC and CEJIL.
283. Based on its case law316, the Court notes that since 2002, the family of Néstor
José Uzcátegui received pro bono support from COFAVIC in the domestic legal
proceedings and that the representatives did not forward any evidence whatsoever of
the expenses incurred by the Uzcátegui Jiménez family in the domestic legal
proceedings. However, the Court, inferring that the family incurred various expenses
from the start of those proceedings, decides to set, in equity, the amount of US$
5,000.00 (five thousand dollars of the United States of America), which shall be paid to
Mr. Luis Enrique Uzcátegui.
284. As to the receipts forwarded in relation to certain expenses, the Court considers
that these are not clearly related to outlays exclusively linked to the present case and
also confirms that COFAVIC submitted fees for psychological treatment for members of
the Uzcátegui Jiménez family, without providing more specific information or the
details of said fees. Regarding the expenses and outlays related to medical care and
various medications, the Court notes that among the expenditures mentioned by
COFAVIC are those for “psycho-social support offered to the victims’ relatives”, without
providing additional elements to distinguish them from those claimed for the item
corresponding to consequential damages; therefore the Court considers these alleged
expenses under the item of costs and expenses. The Court further notes that some
expenses are not related to this case. As to the receipts for payments made to CEJIL,
the Court considers that it was not proven that the receipts provided by the
representatives relate to expenses incurred only in the present case and, moreover,
some of the receipts are not legible and therefore, the amount or nature of the
expense that these are supposed to prove is not clear.317
285. Nevertheless, the Court considers that COFAVIC and CEJIL incurred various
expenses in relation to this case, both in the domestic courts and before the InterAmerican System, and therefore it decides to set, in equity, the total amount of US$
25,000.00 (twenty-five thousand dollars of the United States of America) in favor of
COFAVIC and the sum of US$ 4,000.00 (four thousand dollars of the United States of
America) in favor of CEJIL.
316
Cf. Case Garrido and Baigorria v. Argentina. Reparations and Costs. Judgment of August 27,
1998. Series C No. 39, para. 82; Case González Medina and relatives v. Dominican Republic, paras. 325 and
326, and Case of Kichwa Indigenous People of Sarayaku v. Ecuador, para. 328 and 329.
317
Cf., For example Invoice of the Hotel Campo Alegre, Caracas, Venezuela, No. 31318 (Appendix 9 to
pleadings brief, Appendix IV, pp. 22 and 23 computer file) and Invoice for “Transport by road to Coro, State
Falcón” of October 2011 (Appendix 5 to the Brief of final written arguments presented by the
representatives, p. 10 of the computer file).
70
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