on the equity principle and taking into account the expenses indicated by the parties, provided
their quantum is reasonable.346
320. In addition, the Court reiterates that it is not sufficient merely to forward probative
documents; rather the parties must include arguments that relate the evidence to the fact it is
meant to represent and, in the case of alleged financial disbursements, the items and their
justification must be clearly established.347 The Court has also indicated that “the claims of the
victims or their representatives for costs and expenses, and the evidence that supports them,
must be presented to the Court on the first procedural occasion granted to them; that is, in the
pleadings and motions brief, without prejudice to such claims being updated subsequently in
keeping with the new costs and expenses incurred owing to the proceedings before this
Court.”348
321. With regard to the costs and expenses of VIDS and KLIM, the representatives argued that
the activities carried out related to investigations into the ancestral lands of the Kaliña and
Lokono peoples, the mapping of the area claimed, KLIM meetings, meetings with State
authorities, preparation of land and resources management plans, visits of experts and Maroon
authorities, the hiring of two employees for KLIM, the rent of an office and the purchase of the
respective office supplies. However, the Court has verified that the vouchers provided do not
prove that the amounts indicated were effectively disbursed, because most of them were issued
by VIDS and KLIM themselves, without any substantiation by the person or entity that received
the alleged payment. Also, the justifications indicated on those vouchers do not establish clearly
the relationship between the presumed expenditure and the processing of the proceedings in the
domestic or the international sphere. Furthermore, the amounts included on the list of expenses
do not coincide with those requested by the representatives. In addition, the representatives did
not provide any evidence with regard to the costs and expenses incurred by the Forest Peoples
Programme. However, the Court finds it reasonable to suppose that these organizations incurred
expenses based on their representation of the victims.
322. With regard to the expenses relating to the public hearing and the on-site procedure held
in this case, which correspond to air fares, accommodation, food and internal transportation, the
Court notes that the vouchers provided prove the expenses incurred by the representatives
owing to those activities.349
323. Consequently, as reimbursement of costs and expenses for the work carried out in the
litigation of the case in the domestic and international spheres, the Court finds it in order to
grant the reasonable sum of US$15,000.00 (fifteen thousand United States dollars) to VIDS and
KLIM, in conjunction, and the sum of US$10,000.00 (ten thousand United States dollars) to
Forest Peoples Programme. In addition, the Court orders the State to pay the representatives the
sum of US$18,141.65 (eighteen thousand one hundred and forty-one United State dollars and
sixty-five cents) for the expenses incurred by the representatives during the public hearing and
the on-site procedure held in this case. The amounts indicated must be paid by the State to the
representatives within six months of notification of this Judgment. Lastly, the Court considers
346
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and Costs. Judgment of August 27,1998. Series C No.
39, para. 82, and Case of the Garífuna Community of Punta Piedra and its members, supra, para. 361.
347
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. 277, and Case of the Garífuna Community of Punta Piedra and
its members, supra, para. 362.
348
Case of Chaparro Álvarez and Lapo Íñiguez, supra, para. 275, and Case of the Garífuna Community of Punta
Piedra and its members, supra, para. 362.
349
Cf. Annex A to the representatives’ final written arguments (merits file, folios 731 to 752), and Annex 9 to the
representatives’ observations on the on-site procedure (evidence file, folios 2906 to 2917).
81
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