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

Seleccionar párrafo de destino3