49
their brief of pleadings and motions, did not present the corresponding receipts for
he costs and expenses in which the victim had allegedly incurred. They only
forwarded two communications addressed by the representatives to Mrs. Reverón
Trujillo with “estimates of professional fees.” 189 They did not forward the receipts
that proved that those estimates were in fact paid.
200. In this sense, the Tribunal has pointed out that the claims made by the victims
or their representatives in matters of costs and expenses, and the evidence on which
they are based, shall be presented to the Court on the first procedural opportunity
granted to them, that is, in the brief of motions and pleadings, without detriment to
the fact that they may later be updated pursuant with the new costs and expenses
incurred in during the proceedings before this Court.190
201. Second, even though the representatives forwarded evidence along with their
final arguments supporting the expenses incurred in during the proceedings before
this Court, they did not offer clear details of each of the concepts that caused those
expenses or the amount corresponding to each concept. They merely limited
themselves to forwarding the receipts and setting the total amount. In this sense,
the Court has pointed out that “the forwarding of evidentiary documents is not
enough, it is required that the parties present arguments relating the evidence with
the fact they consider represented, and that, upon dealing with alleged economic
outlays, the items and their justification be clearly established.”191
202. Taking into account the previously mentioned considerations, the Court
determines that the State shall deliver the amount of US$ 30,000.00 (thirty
thousand dollars of the United States of America) to the victim, for the concept of
costs and expenses. That amount shall be paid within a one-year term computed as
of the notification of the present Judgment. This amount includes future expenses in
which the victim may incur during the monitoring of compliance with this Judgment.
Mrs. Reverón Trujillo will hand over, at the same time, the amount considered
adequate to those who acted as her representatives within the domestic realm and
the proceedings before the Inter-American system.
8.
Modality of compliance
203. The payment of the compensation and the reimbursement of costs and
expenses established in favor of Mrs. Reverón Trujillo will be made directly to her. If
she were to pass away before the delivery of the corresponding amounts, they shall
be delivered to her successors, pursuant with the applicable domestic law.
204. The State shall fulfill its obligations by tendering United States dollars or an
equivalent amount in Venezuelan currency, at the New York, USA, exchange rate for
both currencies, as quoted on the day prior to the day payment is made.
189
Cf. communication addressed to Mrs. Reverón Trujillo from Mr. Chavero Gazdik on January 9,
2002 (dossier of annexes to the brief of pleadings and motions, Volume I, annex O, folio 690), and
communication addressed to Mrs. Reverón Trujillo from Mr. Chavero Gazdik in February 2005 (dossier of
annexes to the brief of pleadings and motions, Volume I, annex P, folios 692 and 693).
190
Cf. Case of Molina Theissen v. Guatemala. Reparations and Costs. Judgment of July 3, 2004.
Series C No. 108, para. 22; 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. 275,
and Case of Tristán Donoso v. Panama, supra note 25, para. 215.
191
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra note 190, para. 277.
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