99
expenses incurred in relevant travel, mostly to Montevideo or to Buenos Aires, in
order to carry out meetings with the counterparts, and other expenses. They
included costs for the corresponding mail, photocopies, and provided an estimate for
telephone calls, internet, and supplies used. Thus, in their brief of pleadings and
motions they requested a total of US$7,626.33. In their final arguments, the
representatives specified, with respect to expenses regarding the hearing which took
place in Quito, production of affidavits, correspondence, printing expenses, copies
made, travel expenses, telephone calls and internet, among others, it comes to a
total of US$26,986.53. Furthermore, they requested that the State cancel out said
amount for costs and expenses directly with the representatives.
301. Lastly, they made a request for future costs, recognizing that CEJIL will incur
in expenses for what remains of the rest of the proceeding of the case before the
Court which encompasses those expenses necessary for the disbursement,
knowledge, and appropriate compliance of the Judgment. Therefore, they requested
“in the corresponding procedural stage” that it be given the opportunity to present
amounts and updated receipts of the expenses it would be incurring.
302. Costs and expenses include those incurred before the authorities in the
domestic jurisdiction as well as those before the Inter-American System. With
regards to this, the Tribunal reiterated that the claims of the victims or of their
representatives concerning costs and expenses, and the evidence to support them,
must be submitted at the first procedural occasion that they are granted, that is, in
the brief of pleadings and motions, notwithstanding the possibility that these claims
may be updated at a later time, in keeping with the incurred costs and expenses that
may have been later incurred as a result of the proceedings.” 327 It is not sufficient
that the parties merely submit probative documents; rather they are required to
submit arguments that connect the evidence to the fact that it is supposed to
represent and, in the case of alleged financial disbursements, the items and their
justification must be clearly explained. 328
303. The Court observes that the receipts sent regarding some of the expenses, do
not clearly identify their relation to the expenses in connection with the present case.
Notwithstanding the aforementioned, the Court determines that the representatives
incurred various expenses before the Court, related to, among others, the collection
of evidence, transportation, and communication services in the processing of the
present case at the domestic and international level. The Court repeats that it must
prudently assess such expenses, considering the circumstances of the specific case
and the nature of the international jurisdiction for the protection of human rights.
Such assessment must be made based on the principle of equity and taking into
account the expenses indicated by the parties, provided that the quantum is
reasonable, 329 to which reimbursement from the State to the victims or their
327
Cf. Case of Chaparao Álvarez and Lapo Íñiguez, supra note 108, para. 275; Case of Vélez Loor,
Case of Vélez Loor V. Panamá. Preliminary Objections, Merits, Reparations and Costs. Judgment of
November 23, 2010 Series C No. 218, para. 318, and Case of Gomes Lund et al. (Guerrilha do Araguaia),
supra note 16, para. 317.
328
Cf. Case of Chaparao Álvarez and Lapo Iñiguez, supra note 108, para. 277; Case of Rosendo
Cantú et al., supra note 9, para. 285, and Case of Gomes Lund et al. (Guerrilha do Araguaia), supra note
16, para. 317.
329
Cf. Case of Garrido and Baigorria. Reparations and Costs, supra note 327, para. 82; Case of
Gomes Lund et al. (Guerrilha do Araguaia), supra note 16, para. 316, and Case of Cabrera García and
Montiel Flores, supra note 16, para. 266.
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