F. Costs and expenses
199. The representatives requested that the State be ordered to reimburse them for the expenses
incurred in relation to this case. In their final arguments, they also requested that the State be ordered
to cover the expenses incurred in lodging the victim in a hotel in Santiago, Chile, on May 13 and 14,
2021, so that she could appear at the public hearing. They explained that this was necessary because
the victim lives in a rural area south of Santiago, so for the purpose of appearing before the Court she
had to stay in the city. They stated that this expenditure totaled $137,088.00 Chilean pesos for which
they attached two payment vouchers.
200. The Court recalls that, based on its case law, costs and expenses form part of the concept of
reparation, because the activities carried out by the victims in order to obtain justice, both at the
national and the international level, entail disbursements that must be compensated when the State’s
international responsibility is declared in a judgment. Regarding the reimbursement of costs and
expenses, it is for the Court to prudently assess their scope, which includes the expenses generated
before the authorities of the domestic jurisdiction and those incurred 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 may be made
based on the equity principle and taking into account the expenses indicated by the parties, provided
their quantum is reasonable. 198
201. This Court has indicated that “the claims of the victims or their representatives with regard to
costs and expenses, and the evidence to support them, must be submitted to the Court at the first
procedural opportunity granted to them; that is, in the pleadings and motions brief, without prejudice
to such claims being updated subsequently, in keeping with the new costs and expenses incurred
during the proceedings before this Court.” 199 The Court also reiterates that it is not sufficient merely
to forward evidentiary documents; rather, the parties are required to include arguments that relate
the evidence to the facts that they represent and, in the case of alleged financial disbursements,
clearly specify the items and their justification. 200
202. Taking into account the amounts requested by the representatives and the expense vouchers
presented, the Court decides to establish, based on equity, the payment of USD$30,000.00 (thirty
thousand United States dollars) for costs and expenses. This amount shall be delivered directly to the
representatives. At the stage of monitoring compliance with this judgment, the Court may order the
State to reimburse the victims or their representatives for any reasonable and duly proven expenses
incurred at that procedural stage. 201
G. Method of compliance with the payments ordered
203. The State shall make the payments for compensation of pecuniary and non-pecuniary damage
and to reimburse the costs and expenses established in this judgment directly to the persons indicated
herein, within one year of notification of this judgment, or it may bring forward full payment, pursuant
to the following paragraphs.
204. If the beneficiary is deceased or dies before she receives the respective compensation, this
shall be delivered directly to her heirs, in accordance with the applicable domestic law.
198
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs. Judgment of August 27, 1998. Series C No. 39,
paras. 82, and 244, and Case of Manuela et al. v. El Salvador, supra, para. 317.
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs, supra, para. 79, and Case of the Former
Employees of the Judiciary v. Guatemala, supra, para. 160.
199
200
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. 277, and Case of Manuela et al. v. El Salvador, supra, para. 318.
201
Cf. Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia. Merits, reparations and costs. Judgment of September 1, 2010.
Series C No. 217, para. 29, and Case of Digna Ochoa and Family Members v. Mexico, supra, para. 193.
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