252. The Court reiterates that, in accordance with its jurisprudence,205 costs and expenses form
part of the concept of reparation established in Article 63(1) of the Convention, insofar as the
activities carried out by the victims to obtain justice, at both the domestic and international levels,
entail disbursements that must be compensated when the international responsibility of the State
has been declared in a judgment. Regarding the reimbursement of costs and expenses, the Court
shall determine a reasonable amount, which includes expenses before the authorities in the
domestic jurisdiction as well as those incurred in the proceedings before the inter-American
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, if and
when the amount is reasonable.206
205F
253. In the instant case, the body of evidence does not include any proof of the costs and
expenses incurred by the victims or the representative. However, the representative provided an
approximate amount of the expenses allegedly incurred. Based on the foregoing, the Court orders
the State to reimburse a total amount of US 2,000.00 (two thousand US dollars) for costs and
expenses of the representative César Villacorta Spinner. This amount shall be paid directly to the
alleged victim’s representative in this case.
G. Reimbursement of expenses to the Victims’ Legal Assistance Fund
254. In the instant case, through the order of September 17, 2018, the President of the Court
granted economic support, through the Victims’ Legal Assistance Fund, to cover the travel
expenses and lodging necessary for the victim to assist the public hearing and provide his
statement, accompanied by his legal representative.
255. On June 4, 2019, a report of the expenses charged to the Legal Assistance Fund was
provided to the State, as set forth in Article 5 of the Rules of Procedure of the Court regarding the
functioning of that fund. Thus, the State had the opportunity to submit its observations regarding
the expenses made in the instant case, which amounted to USD 2,283.84.
256. On June 7, 2018, the State submitted its observations to the State report. It claimed that
the receipts for transport services, lodging and meals were not included, as proof of the expenses
for those concepts by the two individuals covered by the fund. It also asked the Court to explain
how it arrived at the amount of USD 100 assigned to the victim and to the representative,
respectively, for terminal expenses.
257. In relation to the State’s objections, the Court confirmed that the aforementioned report
did include the receipts for airplane tickets and lodging. Regarding the lack of documentation to
prove the amounts spent on meals and terminal expenses, the Court reiterates that, since the
beginning of the Fund’s functioning, it established the policy to give the persons covered by the
Fund a fixed amount for those concepts, based on the OAS reference tables for travel subsistence
allowance (per diem) and terminal expenses applicable to the place of origin of the declarants and
to the city of San José, Costa Rica, without requiring them to submit receipts to demonstrate the
expenses made. This is because those tables reflect the amounts that, according to the OAS,
would be reasonably disbursed by a person on meals and terminal expenses at those places. As
indicated, the process of asking for receipts from the beneficiaries of the Legal Assistance Fund
for the per diem received would represent serious obstacles to its correct and expedite application.
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and Costs. Judgment of August 27, 1998. Series C
No. 39, para. 79, and Case of Rodríguez Revolorio et al. v. Guatemala, supra, para. 179.
206
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and Costs, supra, para. 82, and Case of Valenzuela
Ávila v. Guatemala, supra, para. 257.
205
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