the OAS; rather it is composed of voluntary contributions (supra considering
paragraph 4). 10 It should be stressed that, as the Court has noted previously, the
possibility for the Court or its President to consider assessing the admissibility of a
request for the support of the Assistance Fund outside the framework of the litigation
on the merits of contentious cases “will depend on the resources available in the
Assistance Fund when the request is submitted.” Thus, the request “must be
assessed specifically taking into account that the Fund is intended to give preference
to requests relating to the litigation of contentious cases prior to the delivery of the
judgment.”
10.
The acting President reiterates that the Fund’s resources are intended to
cover the costs of the litigation before the Court during the proceedings in the
contentious case prior to the delivery of the judgment and that only exceptionally
can they be destined to cover the costs of an appearance at a hearing on monitoring
compliance convened by the Court, and this has already been accepted in this case.
In an Order of July 29, 2013 (supra having seen paragraph 3), this President
considered that the necessary factors were present to analyze the request for the
support of the Assistance Fund made by Mónica Feria Tinta, 11 victim and common
intervener of the representatives of the victims and their next of kin, and also that
the requirements for its admissibility had been met. 12 Consequently, he decided to
approve providing the support of the Assistance Fund to cover the reasonable and
necessary expenses of the transportation, accommodation and subsistence for Ms.
Feria Tinta and another victim to appear before the Court on August 19, 2013, at the
said hearing on monitoring compliance with the Judgment. When granting the
assistance to both Ms. Feria Tinta and to another victim, the acting President took
into account that, since she lived in England, Ms. Feria Tinta has been unable to take
any actions in Peru at this stage of compliance with judgment. 13
11.
On this occasion, the acting President does not find the request for the
support of the Assistance Fund made on behalf of the victim, Sebastián Chávez
Sifuentes, admissible (supra considering paragraph 3), taking into account that, at
this stage of monitoring compliance with judgment, the financial assistance of the
said Fund has been approved to enable two victims in this case to appear at the
private monitoring hearing to be held on August 19, 2013. One of these two victims,
Ms. Feria Tinta, is also the representative of most of the victims. Even though Mr.
Chávez Sifuentes is not represented by Ms. Feria Tinta, but rather by the other
common intervener of the representatives, Mr. Cassel, the President takes into
consideration that the latter is able to appear at the said hearing together with two
other lawyers. In addition, the acting President underscores that the said
representatives have a limited time in which to provide their observations during the
hearing and that, with the support of the Fund, two victims will appear at the
hearing. Consequently, the representative of Mr. Chávez Sifuentes should take the
necessary steps to present information to the Court on the actions taken by this

10

Cf. 2012 Annual Report of the Inter-American Court of Human Rights.

11

Cf. Case of the Miguel Castro Castro Prison v. Peru. Request for the support of the Victims’ Legal
Assistance Fund. Stage of monitoring compliance with judgment. order of the acting President of the
Inter-American Court for this case of July 29, 2013, considering paragraphs 11 and 12.
12
Cf. Case of the Miguel Castro Castro Prison v. Peru, supra note 11, considering paragraphs s 9
and 13 to 16.
13

Cf. Case of the Miguel Castro Castro Prison v. Peru, supra note 11, considering paragraph 15.

4

Select target paragraph3