98
e) in the event that there are no relatives in any of the categories defined in the
preceding paragraphs, the compensation shall be paid to the heirs in accordance with
domestic inheritance law.
F. Costs and expenses
329. The Commission did not present specific arguments in this regard. The representatives
requested the payment of USD 218,322.00 in favor of the Asociación Bufete Jurídico Popular for
costs, expenses and professional fees incurred in the proceedings before the national and
international courts since 2006, as well as the expenses incurred at the public hearing of the case
and those eventually incurred at the stage of monitoring compliance with the judgment issued by
the Court. They indicated that said amounts are supported by the actuarial report prepared by
Roberto A. Molina Cruz.
330. In its answering brief, under the heading “VI. Costs and Expenses,” the State argued that
the representatives “should have exhausted [,] in the first instance, the domestic procedures
available in the domestic jurisdiction, before going to an international court.” Thus, it argued that
“they are not entitled to seek reparation at the international level […] because they did not even
attempt to exhaust such compensation in domestic proceedings.” 378
331. The Court reiterates that, in accordance with its case law, costs and expenses form part of
the concept of reparation, since the activities carried out by the victims in order to obtain justice,
both at the national and international levels, imply expenditures that must be compensated when
the State’s international responsibility is declared by means of a condemnatory judgment.
Regarding the reimbursement of expenses, it is up to the Court to prudently assess their scope,
which includes the expenses generated before the authorities of the domestic jurisdiction, as well
as those generated in the course of 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 may be based on the principle of equity and
taking into account the expenses indicated by the parties, provided that their quantum is
reasonable. 379 As the Court has stated on previous occasions, it is not sufficient to merely forward
evidentiary documents; rather, the parties are required to include arguments that relate the
evidence to the facts that they represent and, in the case of alleged financial disbursements,
clearly specify the items and their justification. 380
332. The representatives submitted as annexes to their pleadings and motions brief, various
documents related to alleged costs and expenses incurred from 2007 to 2014, including invoices
from María Dolores Itzep Manuel for professional services rendered to the Asociación Bufete
Jurídico Popular; invoices for professional services of Servicios Osorio and Sandra López;
payments for fees to interns; receipts for payment of marriage, birth, death and baptism
certificates of persons allegedly related to the case; proof of payment for registration of powers
of attorney, copies of judicial proceedings and stamps; invoices for food and transportation
services; rental of premises; payment of fuel; settlement of expenses incurred by the Asociación
Bufete Jurídico Popular, etc. Likewise, the representatives submitted as evidence of their costs
and expenses, an “Actuarial valuation of damages”, prepared by Roberto A. Molina Cruz in
December 2014. 381
Regarding the representatives’ request for payment of costs and expenses, the State pointed out in its final
written arguments that these had been presented “in a discretionary manner, since they were not reliably demonstrated
with verifiable documents.” It also asked the Court to “take into consideration that the general description given by the
representatives bears no relation to reality, and that when issuing a decision, it should also consider the country’s
economic situation, and that the alleged victims should not be disproportionately enriched.”
379
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs. Judgment of August 27, 1998. Series C No.
39, paras. 79 and 82, and Case of Herrera Espinoza et al., paras. 248 and 249.
380
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, and Case of Herrera Espinoza et al., para. 248.
381
Actuarial valuation of damages (evidence file, folios 5397 to 5437).
378