176. The State requested that “assuming that the present case is not rejected”, “to set the costs and expenses on the basis of equity.” 177. The Court has indicated that the claims of victims or their representatives concerning costs and expenses, and the evidence to support these, must be submitted to the Court at the first procedural opportunity granted them, namely in the pleadings and motions brief, even though these claims may be subsequently updated, in line with any new costs and expenses incurred as a result of the proceedings before this Court.138 As to the reimbursement of costs and expenses, the Court must prudently assess their scope, which includes the expenses incurred before the domestic jurisdiction, as well as those arising 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 their quantum is reasonable.139 178. In this case, the Court notes that it is not clear from the record that there is specific evidentiary support regarding the costs and expenses incurred by Mr. Mohamed or, of his representative at the time, Mr. Mantione, regarding the processing of the case before the Commission. However, the Court considers that such proceedings necessarily involved monetary expenses, and therefore determines, in equity, that the State should pay Mr. Oscar Alberto Mohamed the sum of US$ 3,000 (three thousand dollars of the United States of America) for expenses related to the processing of the case before the Inter-American Commission. This amount must be paid within one year as of notification of this Judgment. G) Reimbursement of expenses to the Victims’ Legal Assistance Fund 179. In 2008, the General Assembly of the Organization of American States created the Legal Assistance Fund of the Inter-American Human Rights System “in order [to] "facilitate access to the Inter-American human rights system by persons who currently lack access to the resources needed to bring their case before the system.”140 In the present case, given that two Inter-American defenders were assigned to represent the victim (supra paras. 6 and 7)141, the Court granted access to the Legal Assistance Fund to cover reasonable and necessary expenses resulting from such representation.142 Said expenses consisted of: i) travel and accommodation costs necessary for the two InterAmerican defenders to attend the public hearing (supra para. 14) to perform their duties as representatives of the alleged victim, ii) the appearance at said hearing of Mr. Julio B. 138 Cf. Case of Molina Theissen v. Guatemala. Reparations and Costs. Judgment of July 3, 2004. Series C No. 108, para. 22, and Case of Nadege Dorzema et al. v. Dominican Republic. Merits, Reparations and Costs, para. 292. 139 Cf. Case of Garrido and Baigorria v. Argentina. Reparations and Costs, para. 82, and Case of Nadege Dorzema et al. v. Dominican Republic. Merits, Reparations and Costs, para. 291. 140 AG/RES. 2426 (XXXVIII-O/08), Resolution adopted by the General Assembly of the OAS during the hearing of XXXVIII Regular Period of Sessions of the OAS, in the Fourth Plenary Session, held on June 3, 2008, “Creation of Fund for Legal Assistance of the Inter-American System for Human Rights 2.a), and CP/RES. 963 (1728/09), Resolution adopted on November 11, 2009 by the Permanent Council of the OAS, “Rules of Procedure for the Fund for Legal Assistance of the Inter-American System for Human Rights”, Article 1.1.. 141 In application of the provision of Article 37 (Inter-American Defender) of the Rules of Procedure of the Court, which states that “[In cases where alleged victims are acting without duly accredited legal representation, the Court may, on its own motion, appoint an Inter-American defender to represent them during the processing of the case.” As stated in the Preamble to the Rules of Procedure of the Court, regarding the implementation of the Inter-American defender, “it is guaranteed that every alleged victim have an attorney to defend their interests before the Court and avoid that economic reasons prevent an individual from having legal representation.” 142 Both the Rules of the Fund and the provisions established in the Agreement signed between the InterAmerican Court and AIDEF were applied. 48

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