75
deforested areas, and iv) others considered appropriate in benefit of the Community of Triunfo
de la Cruz.
297. The State shall adopt all administrative, legislative, financial, and human resources
measures necessary for the implementation of this Fund, for which, within the three months
following the notification of this judgment, it must appoint an authority with competence in
the matter, in charge of its administration. On its part, the Community of Triunfo de la Cruz
must appoint a representative as liaison with the State for the implementation of the Fund in
accordance with the Community’s wishes.
298. For this Fund, the State shall destine the amount of US$ 1,500,000 (one million five
hundred thousand dollars of the United States of America), which must be invested in benefit
of the territory titled to the Community of Triunfo de la Cruz in a period no greater than three
years as of the notification of this judgment.
299. Finally, the parties must forward to the Court a yearly report during the execution
period detailing the projects in which it will invest the amount destined to the Fund.
F. Costs and expenses
300. The representatives requested that the Court order the State “payment of the costs
originated at a domestic level in the processing of the judicial and administrative proceedings
followed by the victims or their representatives domestically, as well as those originated
internationally in processing the case before the Commission and […] before the […] Court,”
referring to a total of US$ 50,000 (fifty thousand dollars of the United States of America). 259
The State and the Commission did not refer to the costs and expenses.
301. The Court reiterates that, according to its case law, 260 costs and expenses form part
of the concept of reparation, because the actions taken by the victims to obtain justice, at
both the domestic and international level, entail disbursements that must be compensated
when the international responsibility of the State is declared in a judgment against it.
Regarding reimbursement of expenses, it is up to the Court to make a prudent estimate of
their specific extent, which includes expenses generated before the domestic courts, as well
as those generated during the processes before the Inter-American system, taking into
consideration the circumstances of the case and the nature of international jurisdiction for the
protection of human rights. This assessment can be made on an equitable basis and
considering the expenses stated by the parties, provided their quantum is reasonable.261
302. Furthermore, the Court recalls that it is not sufficient to merely forward probative
documents, rather the parties are required to submit arguments that relate the evidence to
the fact that it is considered to represent and, in the case of alleged financial disbursements,
the items and their justification must be clearly established. 262 Moreover, the Court has stated
that “the claims of the victims or their representatives for costs and expenses and the
supporting evidence must be submitted to the Court at the first procedural moment granted
to them; that is, with the motions and pleadings brief; nevertheless, those claims may be
The representatives stated the amounts related to the expenses incurred during the proceedings before the
Commission, domestic jurisdiction, and before the Court.
259
Cfr. Case of Garrido and Baigorria v. Argentina. Reparations and Costs. Judgment of August 27, 1998. Series
C No 39, para. 79, and Case of López Lone et al. v. Honduras, para. 330.
260
Cfr. Case of Garrido and Baigorria v. Argentina. Reparations and Costs, para. 82, and Case of Omar
Humberto Maldonado Vargas et al. v. Chile, para. 181.
261
Cfr. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, para. 277, and Case of Omar Humberto
Maldonado Vargas et al. v. Chile, para. 182.
262