195. The representatives did not request a specific amount for costs and expenses,
however they stated that "the trips that [Mrs. Millacura Llaipén] made to search for her
son have mostly been planned […] and paid for […] by [them].” Likewise, they asked the
Court to take into account the expenses incurred190 Likewise, they requested that the
Court consider the other types of additional expenses to the litigation of this case. Also,
they indicated that "the percentages of the fixed, indirect, [and] direct costs
corresponding to this case [that were incurred…] to maintain a minimum structure for
carrying out" the work must be taken into account. They also asked the Court to
consider "the ‘future costs’ for the monitoring of compliance and litigation before the
[International Criminal Court].” To arrive at an amount for costs and expenses, the
representatives argued that the time spent on defense activities, the time invested in
drafting the briefs, or the number of pages drafted by them could be counted up. In
addition, they indicated that "the costs […] of the Association Group for the Rights of the
Children should [be paid],” estimating an amount “for the year 2006” of US$35,000.00
(thirty-five thousand dollars of the United States of America).
196. The State held that the representatives’ claims on expenses and costs “do not
head to any sort of evidentiary rigor, abandoning the principles of reasonableness and
necessity that apply to the subject according to international standards applicable to the
case.”
E.2.
Considerations of the Court.
197. Expenses and costs include both those generated before domestic jurisdictional
authorities and those incurred during the adversarial proceeding before the InterAmerican System. In this regard, the Tribunal reiterates that the claims of the victims or
their representatives as to costs and expenses and the supporting evidence must be
offered at the first procedural occasion granted to them - that is, in the brief of pleadings
and motions - notwithstanding that such claims may be updated later on according to
new costs and expenses incurred during this proceeding. 191 Likewise, it is not sufficient
to simply submit evidentiary documentation. Rather, the parties are required to make an
argument connecting the evidence with the fact it is considered to represent and, with
regard to alleged financial expenditures, to clearly establish the purposes and
justification for them. 192
198. The Tribunal reiterates that it falls to the Court to prudently estimate those
expenses, taking into account the circumstances of the specific case and the nature of
the jurisdiction of international human rights protection. This estimate may be made
based on the principle of equity and taking into account the expenses reported by the
190
The representatives requested the reimbursement of the expenses for the “mobilizations, marches,
press conferences, trips to congress, forums, meetings, seminars, interviews [and ] trips of dates of Ivan [sic],
the grand majority of which are reflected in newspaper clippings.” They also argued that "[o]f the documentary
evidence it arises that the amount that [they have] invested in lobbying activities, notwithstanding the
expenses to which they did not hold on to reciepts, due to the time elapsed and the change of work that [...]
they experienced [which ...] included moving.”
191
Cf. Case of Chaparro Álvarez and Lapo Iñiquez V. Ecuador. Preliminary Objections, Merits, Reparations
and Costs. Judgment of November 21, 2007. Series C. No. 170, para. 275; Case of Vera Vera et al. V. Ecuador.
Preliminary Objection, Merits, Reparations and Costs. Judgment of May 19, 2011 Series C No. 224, para. 142,
and Case of Mejía Idrovo V. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of July
5, 2011 Series C No. 228, para. 162.
192
Cf. Case of Chaparro Álvarez and Lapo Iñiquez V. Ecuador, supra note 29, para. 277; Case of Salvador
Chiriboga V. Ecuador. Reparations and Costs. Judgment of March 3, 2011 Series C No. 222, para. 138, and
Case of Vera Vera et al. V. Ecuador, supra note 17, para. 142.
56
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