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

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