be paid to the individuals named within one year of the notification of this judgment.
I.
Costs and expenses
169.
The representatives noted that they have incurred various expenses in connection with their
work, including for travel, lodging, communications, photocopies, stationery, mailing, and other
expenses. Likewise, the CCJ has incurred expenses for the time spent performing legal work in connection
with this case; for research, collection, and presentation of evidence; and for document preparation. They
therefore requested, in their pleadings and motions brief before the Court, reimbursement for costs and
expenses in the amount of USD 106,849.54 183 as detailed in a certificate and worksheet that they
attached. This amount includes: (a) travel expenses to Washington for proceedings before the InterAmerican Commission—incurred by CCJ during the years of litigation before the Commission—which has
been divided by the number of cases handled by CCJ; and (b) fees CCJ incurred for the attorneys handling
the case, for which the salaries have been divided according to the proportion of their workload this case
represented. 184 They asked that this reimbursement be made directly from the State to the CCJ. Lastly,
they requested reimbursement for future expenses for the remainder of the proceedings before the Court.
170.
In their final arguments, the representatives asked that the expenses incurred in the context of
the public hearing before the Court on November 8, 2022, be included, as follows: (a) for the participation
of three CCJ attorneys, who incurred transportation, food, and lodging expenses in the amount of
USD 2,766.02; and (b) other litigation expenses for evidence provided: (i) USD 1,454.58 for the expert
opinion by Omar Rojas Bolaños and (ii) USD 1,454.58 for the COPSICO psychosocial expert opinion. They
therefore asked the Court to recognize the amount of USD 5,675.19 185 after the presentation of the
pleadings and motions brief, separate from the salary and fee expenses of the representatives.
171.
The State argued that the costs and expenses ordered should be limited to those amounts proven
by the representatives and should be directly connected to actions taken on this case, and that the
amount should be reasonable, taking into consideration inter-American parameters and standards for
setting the amounts that the State will have to pay. It requested that the annex titled “Certification of
CCJ expenses and support,” which includes expenses for travel to Washington D.C., Haiti, Jamaica, and
Quito, Ecuador and does not constitute a summary explanation of the connection between the travel
listed and litigation on this case before bodies of the inter-American human rights system. The
Commission did not submit a timely comment on this request.
172.
The Court recalls that, pursuant to its case law, costs and expenses are part of the concept of
reparation in all cases in which the efforts of the victims in seeking justice, both nationally and
internationally, entail expenditures that must be compensated for when the international responsibility
of the State is declared in a condemnatory judgment. It is the Court’s responsibility to prudently assess
the scope of reimbursement for costs and expenses, which includes expenses incurred before domestic
legal authorities, as well as those incurred in the course of the trial within the inter-American system,
keeping in mind the circumstances of the specific case and the nature of international jurisdiction for the
protection of human rights. This assessment can be done on the basis of the principle of equity and taking
into consideration the expenses declared by the parties, provided the amounts are reasonable.186
183
For the currency conversion between Colombian pesos and United States dollars, the representatives noted
that they used the exchange rate in effect at the New York Stock Exchange on August 31, 2021, of $3,806.87.
184
With respect to CCJ's travel expenses for transportation and stays in various places, the representatives
clarified that due to the pandemic, it was not possible to include travel expenses prior to the year 2010 because that
would have required searching for the needed documentation within the inactive archive. Out of the total related travel
expenses, 10% was for processing and litigating Case No. 12508, “Óscar Iván Tabares Toro.” Regarding salaries and
benefits for litigation staff on this case, the representatives indicated that they took into consideration for these
personnel expenses that the International Litigation Coordinator of CCJ devoted 10% of his work hours to processing
and litigating Case No. 12508 “Óscar Iván Tabares Toro” and that the Director of CCJ devoted 4% of his time to that
same purpose.
185
For the currency conversion between Colombian pesos and United States dollars, the representatives noted
that they used the exchange rate of $4,812.37.
186
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs. Judgment of August 27, 1998. Series
C No. 39, paras. 82, and Case of Olivera Fuentes v. Peru, supra, para. 172.
38