4.
The communication dated July 17, 2012, and its annexes, whereby the
representatives submitted, inter alia, the sworn affidavit requested by the acting President
(supra Having Seen clause 3), along with a copy of the alleged victims’ credit card
statement for the month of June of 2012.
5.
The brief of September 26, 2012, whereby the State submitted its brief answering
the brief submitting the case and brief containing observations on the brief of pleadings and
motions (hereinafter “answer brief”). In that brief, the State argued that "the InterAmerican Court should not accept the request to access the […] Victims' Legal Assistance
Fund," as she had not demonstrated a lack of financial resources.
6.
The note from the Secretariat dated October 4, 2012, whereby, following instructions
of the acting President, the alleged victim was given a deadline for submitting any
observations considered to be pertinent regarding the State’s objection regarding the
pleading of lack of financial resources.
7.
The brief of October 11, 2012, and its annexes, whereby the representative
submitted its observations regarding the State’s objection regarding the request to access
the Assistance Fund of the Court.
CONSIDERING THAT:
1.
Peru ratified the American Convention on Human Rights (hereinafter also "the
American Convention" or "the Convention") on July 28, 1978, and, in accordance with
Article 62 of the Convention, recognized the contentious jurisdiction of the Court on January
21, 1981.
2.
In 2008, the General Assembly of the Organization of American States (hereinafter
the “OAS”) created the Legal Assistance Fund of the Inter-American System of Human
Rights (hereinafter "the Assistance Fund of the Inter-American System") and entrusted the
Permanent Council of the OAS with establishing its rules of procedure. 1 The fund was
created “to facilitate access to the Inter-American human rights system by persons who
currently lack the resources needed to bring their cases before the system.” 2 According to
the Rules of Procedures adopted by the Permanent Counsel in November of 2009, 3 the
Assistance Fund of the Inter-American System consists of two separate accounts: one
corresponding to the Inter-American Commission and the other to the Inter-American
Court. Regarding the financing of the Assistance Fund of the Inter-American System, it
currently depends on the “[v]oluntary capital 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 Likewise, pursuant to Article 4 of the Rules of Procedure
approved by the Permanent Council, it is the Court’s responsibility to establish the eligibility
requirements for requesting assistance, as well as the proceeding for approving requests.
1
Cf. AG/RES. 2426 (XXXVIII-O/08) Resolution adopted by the General Assembly of the OAS during the
XXXVIII Regular Period of Sessions of the OAS, during the fourth plenary session, held on June 3, 2008, “Creation
of the Legal Assistance Fund of the Inter-American System of Human Rights,” operative paragraph 2(b).
2
AG/RES. 2426 (XXXVIII-O/08), supra note 1, Operative Paragraph 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
Operation of the Legal Assistance Fund of the Inter-American Human Right System," Article 1(1).
3
Cf. Resolution CP/RES. 963 (1728/09), supra note 2, Article 3(1).
4
Resolution CP/RES. 963 (1728/09), supra note 2, Article 2(1).
2