-44Considerations of the Court
193. In its case law, the Court has developed the concept of pecuniary damages and the
circumstances in which it should be compensated. It has also established that those damages
involve “the loss of or detriment to the victim’s income, the expenses incurred as a result of
the facts, and the monetary consequences that have a causal nexus with the facts of the sub
judice case.”160 In the present case, the Court notes that the next of kin of the deceased
victims, was well as Mr. Bejarano Laura, were monetarily compensated in domestic judicial
proceedings (supra paras. 85 to 87). In addition, although the civil party in the proceedings
against the accused filed an appeal of annulment that contested the civil reparation ordered
by the domestic court, the appeal was rejected for being time-barred (supra para. 82).
194. Inasmuch as the domestic court had awarded pecuniary damages in the case based
on its domestic jurisdiction, the Court considers that, according to the principle of
complementarity, it should not order additional pecuniary nor non-pecuniary damages to the
family members of the deceased victims or to Mr. Bejarano Laura.
F. Costs and expenses
195. The representative requested that the Court establish, in equity, the expenses incurred
by the family members and APRODEH, the latter of which, being a non-profit organization,
had not charged the family members for its services that began on the domestic level in May
1994 and on the international level in 1996. With respect to future expenses, the
representatives requested the opportunity to present estimates and vouchers on the expenses
that they might incur during the international proceedings.
196. The State considers “unacceptable” the claim for the reimbursement of costs and
expenses “without presenting the vouchers and other documents that would justify the
reparation” and that it should only pay if it is proved that the expense was made “on the
specific and direct occasion of the present proceedings.” The Commission did not make any
observations on the matter.
Considerations of the Court
197.
The Court reiterates that, pursuant to its case law, costs and expenses form part of
the concept of reparation because the activities deployed by the victims in order to obtain
justice, at both the domestic and international levels, entail disbursements that should be
compensated when the international responsibility of the State has been declared.161
Regarding reimbursement for costs and expenses, it is for the Court to prudently assess their
scope, which includes the expenses arising before the authorities of the domestic jurisdiction
and also those generated during the proceedings before the inter-American system, taking
into account the circumstances of the specific case and the nature of the international
jurisdiction of the protection of human rights. This assessment may be made based on the
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and Costs. Judgment of February 22, 2002. Series
C No. 91, para. 43 and Case of expelled Dominicans and Haitians v. Dominican Republic, para. 479.
160
161
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and Costs. Judgment of February 22, 2002. Series
C No. 91, para. 43 and Case of expelled Dominicans and Haitians v. Dominican Republic, para. 479.