5.
The representatives requested the assistance of the Fund to “provide funds for the
litigation of this case, in view of the absence of financial resources to cover the costs of
litigation,” specifically, “those related to the expense of air travel, accommodation and meals
for the victims’ representation and the witness that are received by the Court.” In response to
the request for additional information, they sent a statement by the President and Secretary of
the “Patronato Pro-Mejoramiento Comunidad Garífuna Triunfo de la Cruz,” indicating that the
Patronato “is a non-profit organization that does not administer funds, because it does not
receive financing from any institution, either governmental or private” and, also, that “the
Triunfo de la Cruz community […] does not receive financial support. It therefore declares itself
to be without financial resources and requires support in order to prepare and follow up on the
case before the Court.” The representatives also presented information on the approximate
amount of the expenditure that would arise from the “mobilization of five witnesses.”
6.
First, the President notes that the request to access the Court’s Assistance Fund was
made opportunely in the pleadings and motions brief, on behalf of the members of the Triunfo
de la Cruz Garífuna Community and was supported by a statement by the community’s
“Patronato Pro Mejoramiento.” The President understands that the said request was made on
behalf of the presumed victims, exclusively; he takes note of their lack of financial resources
and, in this regard, considers that the statement presented in keeping with article 2 of the
Rules of the Assistance Fund of the Court is sufficient evidence of this.
7.
The President recalls that the Court’s Assistance Fund is constituted by voluntary
contributions from sources of cooperation and, therefore, that these limited resources are
insufficient to cover all the expenses relating to the appearance and eventual presentation of
evidence before the Court by the presumed victims. Consequently, in each specific case, the
President must evaluate the request for assistance that has been presented in relation to the
funds available, taking into account the possible needs for assistance of other cases before the
Court, in order to ensure the proper administration and fair distribution of the Fund’s limited
resources.
8.
The President notes that, at the actual stage of the proceedings, it is not possible to
determine which of the statements offered by the representatives will be received by the
Court, or how they will be received. Under Article 50(1) of the Court’s Rules of Procedure, this
decision corresponds to the Court or to its President once the parties have forwarded the final
lists of the deponents they propose, and the right of defense has been ensured, in the terms of
Articles 45 to 49 of the Court’s Rules of Procedure.
9.
Based on the foregoing, the President finds that the presumed victims’ request to have
access to the Legal Assistance Fund is appropriate, in the understanding that this will be to
cover the expenses arising from the appearance of representatives and deponents in an
eventual public hearing, as well as the presentation to the Court of sworn statements. Thus,
based on the resources currently available in the assistance Fund, the presumed victims will be
granted the financial assistance necessary for the presence, paid for by the Fund, of a
maximum of two representatives, and for the presentation of a maximum of three statements,
either during the hearing or by affidavit. In addition, the President considers it desirable to
postpone the determination of the specific amount, destination and purpose of the financial
assistance to be provided to the presumed victims until such time as the President or the Court
decides on the admissibility and relevance of the testimony of presumed victims or witnesses
and of the testimonial and expert evidence offered and, as appropriate, the opening of the oral
proceeding, pursuant to Article 50(1) of the Court’s Rules of Procedure, in order to be certain
which statements will be received by the Court, as well as how they will be provided.
10.
Lastly, the President recalls that, under article 5 of the Rules of the Fund, the
respondent State will be advised opportunely of the disbursements made in application of the
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