111
(thirty-three thousand, seven hundred and thirty-three dollars of the United
States of American and ninety-three cents) for expenses incurred after the
presentation of the brief of pleadings and motions.
315. The State requested the Court to consider “as costs, only those expenses
carried out in a reasonable and indispensable manner for the participation of the
alleged victims and their representatives in the procedures before the InterAmerican System.” Moreover, the State contested the following costs carried out
by the representatives in relation to: a) the “purchase of books and other
supporting materials” not related with this case, and b) costs related to office
supplies, food in national territory, and trips within Brazil not related to the case.
Lastly, the State noted a difference in the value requested by the representatives
as an expense for the psychological expert report and the receipt effectively
presented to justify said expense.
316. Regarding reimbursement of costs and expenses, the Court must
prudently assess their scope, which includes the expenses incurred before the
authorities of the domestic jurisdiction, as well as those incurred during 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,
provided that the quantum is reasonable. 405
317. The Court has indicated that “the claims of the victims or their
representatives concerning costs and expenses, and the evidence to support
them, must be submitted to the Court at the first procedural occasion granted to
them, namely, in the brief of pleadings and motions, notwithstanding the
possibility that these claims may be updated subsequently, in keeping with the
new costs and expenses that may have been incurred as a result of the
proceedings before this Court.” 406 Furthermore, the Court reiterates that it is not
sufficient that the parties merely submit probative documents; rather they are
required to submit arguments that connect the evidence to the fact that it is
supposed to represent, and in the case of alleged financial disbursements, the
items and their justification must be clearly explained. 407 Lastly, the Court notes
that of the receipts submitted to the Court, regarding some expenditures the
relation made to the present case is not clear.
318. Notwithstanding the foregoing, the Court has found that the
representatives incurred various costs before this Court in relation with fees, the
gathering of evidence, transport, and communication services, among others, in
the domestic and international processing of the present case. Taking into
account the aforementioned, the Court determines, in equity, that the State must
provide a sum of US$ 5,000.00 (five thousand dollars of the United States of
America), US$ 5,000.00 (five thousand dollars of the United States of America),
405
Cf. Case of Garrido and Baigorria, supra note 405, para. 82; Case of Rosendo Cantú et al.,
supra note 45, para. 284, and Case of Ibsen Cárdenas and Ibsen Peña, supra note 24, para. 288.
406
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; Case of
Fernández Ortega et al., supra note 53, para. 298, and Case of Rosendo Cantú et al., supra note 45,
para. 285.
407
Cf. Case of Chaparro Álvarez and Lapo Iñiguez, supra note 406, para. 277; Case of
Fernández Ortega et al., supra note 53, para. 298, and Case of Rosendo Cantú et al., supra note 45,
para. 285.
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