motions brief, even though these claims may be subsequently updated, in line with any new
costs and expenses incurred as a result of the proceedings.486 Regarding the reimbursement
of costs and expenses, the Court must prudently assess their scope, which includes the
expenses incurred before the domestic jurisdiction, as well as those arising during the
proceedings before the inter-American system, taking into account the circumstances of the
specific case and the nature of the international jurisdiction for the protection of human
rights. This assessment can be made based on the principle of equity and taking into
account the expenses indicated by the parties, provided their quantum is reasonable.487
324.
In this case, the Court notes that there is no precise evidence in the case file with
regard to the costs and expenses incurred by Danilo Furlan in relation to the domestic
judicial proceedings and the processing of the case before the Commission. However, the
Court finds that these proceedings necessarily involved financial outlays.
325.
In addition, the Court notes that the expenses incurred by Danilo Furlan before
judicial authorities and other State institutions in Argentina have already been taken into
account in determining the compensation for pecuniary damages (supra para. 316). Bearing
in mind the arguments presented by the representatives, as well as the factual
circumstances of the case and the personal situation of Danilo Furlan, the Court determines,
in equity, that the State must pay the sum of US$ 3,500 (three thousand five hundred
dollars of the United States of America) to Danilo Furlan, for costs and expenses related to
the processing of the case before the Commission. This amount must be paid within one
year of notification of this Judgment. The Court further clarifies that, during the proceedings
on monitoring compliance with this Judgment, the Court may order the State to reimburse
the victim or his representatives the reasonable expenses incurred at that procedural stage.
E.
Reimbursement of expenses to the Victims’ Legal Assistance Fund
326.
In 2008 the General Assembly of the Organization of American States created the
Legal Assistance Fund of the Inter-American Human Rights System in order “to facilitate
access to the inter-American human rights system by persons who currently lack the
resources needed to bring their cases before the system.”488 In the instant case, the
necessary financial assistance was granted to: (i) cover the costs of preparing and sending
three affidavits; (ii) the costs of travel and accommodation for the two inter-American
defenders, and Claudio Furlan, Gustavo Daniel Moreno and María Laura Subies to appear
before the Court and render their testimony during the public hearing, and (iii) to cover all
the expenses authenticated by the inter-American defenders.489
486
Cf. 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 the Kichwa Indigenous
People of Sarayaku v. Ecuador, para. 329.
487
Cf. Case of Garrido and Baigorria v. Argentina, para. 82 and Case of the Kichwa Indigenous People of
Sarayaku v. Ecuador, para. 328.
488
AG/RES. 2426 (XXXVIII-O/08), Resolution adopted by the Thirty-eighth General Assembly of the OAS at
its fourth plenary session held on June 3, 2008, “Creation of the Legal Assistance Fund of the Inter-American
Human Rights System,” Operative paragraph 2(a), and CP/RES. 963 (1728/09), Resolution adopted on November
11, 2009, by the OAS Permanent Council, “Rules of Procedure for the Operation of the Legal Assistance Fund of the
Inter-American Human Rights System,” Article 1(1).
489
The expenses authenticated included: (i) cost of the cognitive appraisal carried out at the “Center for
Studies of the Memory and Conduct (INECO)” and signed by María Roca and Carolina Zeballos; ii) disbursements
made up until the date of the presentation of the pleadings, motions and arguments brief; delivery by DHL of the
USB flash drive containing the case file on computer files; (iii) receipt for the sending via courier of various
attachments to the brief of pleadings, motions and arguments; (iv) professional fees and expenses budgeted by
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