144
593. The State indicated that, “at the domestic level, the expenses and costs that
the victims’ next of kin could have incurred were covered by the State.” It also
indicated that it was unaware of the costs and expenses that may have been incurred
at the international level. Despite this, the State considered that, if each victim’s
mother had attended meetings at the Commission’s seat three times, each one should
receive approximately $81,500.00 (eighty-one thousand five hundred Mexican pesos)
to cover transport and accommodation. Lastly, the State added that it could not
recognize the organizations that represent the victims as victims in the proceedings
and therefore, it was not possible to obtain monetary sums in their favor, because only
the victims can receive reimbursement of expenses in reparation, and that receiving
the sum of US$284,498.00 (two hundred and eighty-four thousand four hundred and
ninety-eight United States dollars) “would be absurd and contrary to equity, because it
was more than the amount of compensation requested for each of the three victims in
this case.”
594. The Tribunal clarifies that, contrary to measures of compensation, costs and
expenses are not granted to those who have been declared victims, because costs are
not a form of compensation. Depending on the circumstances of the case, they must
be granted to the person or organization that represented the victim. The
reimbursement is justified because those who have not committed the violation should
not be caused financial prejudice. The expense corresponds to the State, if its
international responsibility in the matter has been proven.
595. The victims’ representatives did not provide any probative element to
authenticate their alleged expenses. In this regard, the Tribunal has indicated that “the
claims of the victims or their representatives for costs and expenses, and the evidence
to support them, must be submitted to the Court at the first procedural opportunity
granted to them, namely, in the pleadings and motions brief; nevertheless these
claims can be updated subsequently, in keeping with the new costs and expenses
incurred owing to the proceedings before this Tribunal.”551
596. The Court observes that, for expenses and costs, the State offered to pay the
sum of $244,500.00 (two hundred and forty-four thousand five hundred Mexican
pesos) for the meetings of the mothers of Mss. Herrera, Ramos and González, held
before the Inter-American Commission. The Tribunal also observes that the
representatives did not comment on the State’s affirmation that, in the domestic
jurisdiction, the costs had been covered. However, the Court also notes that the
victims’ representatives incurred expenses to attend the public hearing of the case held
in Santiago, Chile, as well as expenses relating to the exercise of their legal
representation, such as for forwarding their briefs and for communication expenses,
during the proceedings before this Tribunal. Taking this into account, and given the
absence of vouchers for these expenses, it establishes, in equity, that the State shall
deliver the sum of US$45,000.00 (forty-five thousand United States dollars) to the
mothers of Mss. Herrera, Ramos and González, who shall each deliver the amount they
deem adequate to their representatives, for costs and expenses. This amount includes
any future expenses that they may incur during monitoring compliance with this
judgment and it shall be delivered within one year of notification of this judgment.
551
Cf. Case of Chaparro Álvarez and Lapo Íñiguez. v. Ecuador, supra note 265, para. 275; Case of
Escher et al. v. Brazil, supra note 46, para. 259, and Case of Tristán Donoso v. Panamá, supra note 9, para.
215.
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