79
José Daniel Rivera Rivera
Brother
US$ 10.000,00
Milton Rivera Rivera
Brother
US$ 10.000,00
Irma Cecilia Rivera Rivera
Sister
US$ 10.000,00
Cándida Marisol Rivera Rivera
Sister
US$ 10.000,00
F.
Costs and expenses
229. As the Court has indicated on previous occasions, costs and expenses are included in
the concept of reparations established in Article 63(1) of the American Convention.310
230. The Commission asked the Court to order the State “to pay the costs and expenses
that have arisen and that arise from processing this case in the domestic sphere and before
the inter-American human rights system.” The representatives asked the Court to order the
State to reimburse the Center for Justice and International Law (CEJIL) for the costs and
expenses incurred representing the victims and their next of kin in the international
proceedings as of 2001, the amount of US$31,789.69 (thirty-one thousand seven hundred
and eighty-nine United States dollars and sixty-nine cents). In its brief with final arguments,
CEJIL updated the amount of the expenses incurred “for producing evidence and preparing
for the public hearing,” requesting the payment of an additional US$17,872.93 (seventeen
thousand eight hundred and seventy-two United States dollars and ninety-three cents) for a
total of US$49,662.62 (forty-nine thousand six hundred and sixty-two United States dollars
and sixty-two cents). They also asked the Court to order an additional amount for “future
expenses” relating to compliance with the judgment and the monitoring procedure. The
representatives also submitted a global estimate of the costs and expenses of the Search
Association, calculated at US$230,000.00 (two hundred and thirty thousand United States
dollars), incurred during its investigations into the whereabouts of the victims since 1994,
the psychosocial support provided since 1996, the legal support provided since 1997,
medical expenses and consultations for the victims, and expenses for the case at the
domestic level, and for processing it at the international level. In addition, they requested an
additional US$10,985.55 (ten thousand, nine hundred and eighty-five United States dollars
and fifty-five cents) for litigation expenses from October 2010 to May 2011. In summary,
they requested a total reimbursement of US$240,985.55 (two hundred and forty-thousand
nine hundred and eighty-five United States dollars and fifty-five cents) in favor of the
Association.
231. The State asked the Court that the corresponding costs and expenses be duly and
sufficiently accredited and that they be proportionate to the amounts established, as a
precedent, in the judgment handed down in the case of the Serrano Cruz Sisters. Regarding
the probative support presented by the representatives, the State observed that there were
documents that, in its opinion, were not clearly related to the costs and expenses arising
from this case or that did not correspond to expenses incurred exclusively in this case.
Therefore, the State asked the Court to assess this documentation prudently, based on the
characteristics of the case, taking into account the expenses indicated and authenticated by
the parties, provided that the amounts were reasonable. In addition, the State called
attention to the expenses and outlays submitted in favor of the victim and the expert
witnesses, despite the financial assistance from the Legal Assistance Fund.
232. First, regarding the State’s request that the costs and expenses be adapted to the
amounts established as a precedent in the judgment handed down in the case of the
310
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs. Judgment of August 27, 1998.
Series C No. 39, para. 79; Case of Mejía Idrovo, supra note 19, para. 157, and Case of Chocrón Chocrón, supra
note 19, para. 192.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos