44
a)
an expedite procedure to allow statement of absence and presumption
of death due to forced disappearance, for purposes of parentage, inheritance
and reparation as well as other related civil effects; and
b)
a genetic information system to enable establishment and clarification
of parentage of missing children and their identification.
VIII
COSTS AND EXPENSES
Arguments of the Commission
92.
The Commission deemed that the State must pay the legal fees and costs for
processing of the case both under domestic venue and under international
jurisdiction.
Arguments of the representatives of the victim and his next of kin
93.
The representatives requested payment of:
a)
professional fees for an attorney by the victim’s next of kin, an
expense amounting to US $600.00 (six hundred United States dollars); and
b)
CEJIL’s expenses before the Commission and the Court, including
airfare, phone calls, per diem, transportation between airports and hotels,
airport taxes, projected expenses for participation of witnesses and expert
witnesses in the public hearing before the Court, which add up to US
$10,738.32 (ten thousand seven hundred and thirty-eight United States
dollars and thirty-two cents).
Pleadings of the State
94.
The State did not refer to costs and expenses.
Considerations of the Court
95.
As the Court has stated previously,60 costs and expenses must be considered
part of the concept of reparation set forth in Article 63(1) of the American Convention,
since the activity of the victim, his or her successors or their representatives to obtain
international justice entail disbursements and financial commitments that require
compensation. Regarding reimbursement, the Court must judiciously assess their
scope, including the expenses incurred under domestic venue and during the
proceeding before the Inter-American system, taking into account documentation of
the expenses incurred, the circumstances of the specific case, and the nature of
international jurisdiction for the protection of human rights. This estimate must be
based on the principle of fairness and assess the expenses identified and proven by the
parties, insofar as their quantum is reasonable.61
60
See Case of Maritza Urrutia, supra note 2, para. 182; Case of Myrna Mack Chang, supra note 2,
para. 290; and Case of Bulacio, supra note 2, para. 150.
61
See Case of Maritza Urrutia, supra note 2, para. 182; Case of Myrna Mack Chang, supra note 2,
para. 290; and Case of Bulacio, supra note 2, para. 150.
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