41
para. 7).
125. The State argued that it “considers the request of the […] representatives
regarding attorney fees unacceptable since there is no evidence that they have
worked on the case or advised the victims […] before the Court.” It added that the
expenses and costs requested correspond to a period of the case before the
Commission, which had already been paid by the State, and it stated that the
number of professionals indicated was disproportionate. Regarding the administrative
expenses requested by the representatives, the State indicated that it opposed those
invoices dated prior to the notification of the application. Finally, with regard to the
hearing expenses it opposed payment of an airplane ticket and the expenses per
diem regarding one of the persons the representatives had indicated, stating that “it
was not aware that said person works with the Center for Legal Action in Human
Rights –CALDH–.”
126. The Court has stated that the costs and expenses are included within the
concept of reparation (supra para. 122), since the activities carried out by the
victims in order to obtain justice, both nationally and internationally, implies
expenses that must be compensated when the State’s international responsibility is
declared in a conviction. Regarding their reimbursement, it corresponds to the
Tribunal to prudently assess their scope, which includes the expenses generated
throughout 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 equity
and taking into account the expenses mentioned by the parties, as long as their
quantum is reasonable.116
127. In the present case, upon forwarding their brief of pleadings and motions
(supra para. 4), the representatives did not present the corresponding receipts for
payment of costs and expenses in which the next of kin of María and Josefa Tiu Tojín
had allegedly incurred. The representatives limited themselves to indicating that
“they could not determine or prove the amounts that may be necessary with regard
to the processing of the case […], reason for which these amounts, as well as the
receipts for the same may be delivered to the Court in the due procedural time.” In
this regard, the Tribunal considers that the claims of the victims or their
representatives in the matter of costs and expenses and the evidence to support
them must be presented to the Court in the first procedural moment granted to
them,117 that is, in the brief of pleadings and motions, without detriment to the
possibility of updating said claims at a later time, pursuant with the new costs and
expenses in which they may have incurred during the proceedings before this Court.
128. La Court warns that the claims regarding costs and expenses presented by
the representatives refer only to the processing of the present case before this
116
Cfr. Case of Garrido and Baigorria v. Argentina. Reparations and Costs. Judgment of August 27,
1998. Series C No. 39, para. 82; Case of Apitz Barbera et al (“First Court of Administrative Disputes”) v.
Venezuela, supra note 21, para. 257; and Case of Bayarri v. Argentina, supra note 17, para. 192.
117
Cfr. Case of Molina Theissen v. Guatemala, supra note 21, para. 22; Case of Apitz Barbera et al
(“First Court of Administrative Disputes”) v. Venezuela, supra note 21, para. 258; and Case of Castañeda
Gutman v. Mexico. Preliminary Objections, supra note 21, para. 75.
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