87
representatives do not relate to the expenditures of the processing of the matter before
the Inter-American System of Human Rights, such as the receipts that indicate the
purchase of colored pencils, brushes and water colors, table games, princess balls, and
clothes, and a receipt of carwash and car vacuum […], without considering that many of
these expenditures are backed up by the receipts of the organization Tlachinollan that
does not have a fiscal registry or other type of tax control.”
284. Regarding reimbursement of costs and expenses, the Court must prudently
assess its scope, which includes the expenses incurred before the authorities of the
domestic jurisdiction, as well as those incurred during the proceedings before the InterAmerican 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 the principle of equity and taking into account the
expenses indicated by the parties, provided that the quantum is reasonable.298
285. The Court has indicated that “the claims of the victims or their representatives
concerning costs and expenses, and the evidence to support them, must be submitted to
the Court at the first procedural occasion granted to them, namely, in the brief of
pleadings and motions; notwithstanding the possibility that these claims may be updated
subsequently, in keeping with the new costs and expenses that may have been incurred
as a result of the proceedings before this Court.”299 Furthermore, the Court reiterates
that 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.300 With their final arguments, the
representatives included additional expenses presumably incurred by “Tlachinollan” prior
to the presentation of the application that were not included in the brief on pleadings
and motions. The representatives indicated that this omission was due to a “human
error.” Owing to its time-barred presentation, the Court will not consider said expenses
when determining the amount that it will establish as costs and expenses. Finally, the
Court observes that a significant number of expenditures reported by the
representatives have no supporting documentation or the receipts sent have no
relationship with expenses related to this case.
286. Notwithstanding the aforementioned, the Court determines that the
representatives incurred various expenses before the Court in relation to fees, evidence
collection, transportation costs, communication services, among others, in the
processing at the domestic and international forums of the present case. Based on the
abovementioned, the Court determines, in equity, that the State must deliver the sum of
US$14,000.00 (fourteen thousand dollars of the United States of America),
US$10,000.00 (ten thousand dollars of the United States of America), and US$1,000.00
(one thousand dollars of the United States of America), in favor of CEJIL, Tlachinollan,
and Mrs. Rosendo Cantú, respectively, for costs and expenses. In the monitoring of
compliance procedures of the present Judgment, the Court may provide the
reimbursement on behalf of the State to the victims or their representatives for
reasonable expenses that have been duly proven.
iv)Method of compliance with the ordered payments
287. The State must pay the compensation for pecuniary and non-pecuniary damage
and the reimbursement of costs and expenses established in this Judgment directly to
298
Cf. Case of Garrido and Baigorria, supra note 220, para. 82; Case of Chitay Nech et al., supra note
25, para. 285, and Case of Manuel Cepeda Vargas, supra note 25, para. 258.
299
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. 275; Case of the Dos Erres
Massacre, supra note 27, para. 302, and Case of Chitay Nech et al., supra note 25, para. 284.
300
Cf. Case of Chaparro Álvarez and Lapo Iñiguez, supra note 299, para. 277; Case of the Dos Erres
Massacre, supra note 27, para. 301, and Case of Chitay Nech et al., supra note 25, para. 284.
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