contributions from the Member States of the OAS, the permanent observer States,
and other States and donors that may wish to collaborate with the Fund.” 4
5.
In accordance with article 3 of the Rules of the Inter-American Court for the
Operation of the Victims’ Legal Assistance Fund 5 (hereinafter “the Rules of the
Assistance Fund”), the Secretariat of the Court submitted the request for assistance
to the consideration of the acting President of the Court for this case, who was
responsible for taking the respective decision.
6.
Pursuant to article 2 of the Rules of the Assistance Fund, in order to access
this Fund, presumed victims must meet three requirements; they must: (1) request
this in the brief with pleadings, motions and evidence; (2) indicate, by means of an
affidavit or other probative means that satisfy the Court, that they lack the
necessary financial resources to cover the cost of litigation before the Inter-American
Court, and (3) state precisely the aspects of their participation in the proceedings
that require the use of the resources of the Court’s Assistance Fund.
7.
Article 6 of the Rules of the Assistance Fund establishes that “[t]he Court
shall decide matters not governed by these Rules and questions regarding their
interpretation.” In this regard, the Court issued an Order on September 10, 2010,
ruling on the request for support from the Assistance Fund presented during the
stage of monitoring compliance with judgment in this case. In this Order, the Court
ruled on the scope of its power to consider, exceptionally, requests for support from
the Assistance Fund outside the framework of the litigation on the merits of
contentious cases. 6
8.
In the said Order of September 10, 2010, the Court indicated that, according
to article 2 7 of the Rules of the Assistance Fund, the Fund’s resources are intended to
cover the costs of the litigation before the Court during the contentious case prior to
the delivery of the judgment. The Court also established the exceptional possibility of
assessing the admissibility of a petition for support from the Assistance Fund outside
the framework of the litigation on the merits of contentious cases. 8
9.
The acting President reiterates that the regulation of the Victims’ Assistance
Fund and the resources available are intended to cover expenses that could arise
during the litigation on merits and eventual reparations and costs in contentious
cases before the Court that are pending a decision and, among these expenses,
priority is given to those relating to an adequate appearance and presentation of
evidence in hearings before the Court. 9 Furthermore, the acting President recalls that
the Court’s Assistance Fund does not receive resources from the regular budget of
4

Cf. Resolution CP/RES. 963 (1728/09), supra note 1, article 2(1).

5

Rules of the Inter-American Court of Human Rights for the Operation of the Victims’ Legal
Assistance Fund, approved by the Court on February 4, 2010. These Rules entered into force on June 1,
2010, and “regulate the operation of, and access to, the […] Fund of the […] Court for the litigation of
cases before it.”
6
Cf. Case of the Miguel Castro Castro Prison v. Peru. Request for support from the Victims’ Legal
Assistance Fund. Stage of monitoring compliance with judgment. Order of the Inter-American Court of
Human Rights of September 2, 2010.
7
Article 2 stipulates that the requests of the presumed victims to Access the Fund must be
presented in the respective brief with pleadings, motions and evidence.
8

Cf. Case of the Miguel Castro Castro Prison v. Peru, supra note 6, considering paragraph 16.

9

Cf. Case of the Miguel Castro Castro Prison v. Peru, supra note 6, considering paragraph 15.

3

Select target paragraph3