resources.” Additionally, it indicated that in the brief of pleadings and motions, the
representative indicated having carried out "specialization courses and educational
programs abroad, as well as teaching work" and had been the recipient of a monetary
award from the Gruber Foundation, “things that by all indications would argue against a lack
of financial resources.” According to the State, the use of the Assistance Fund in this case
“would denature its purpose and goal” of “covering the litigation expenses for individuals
[…] facing a dreadful economic situation, such as, for example, the indigent.” This is not the
situation with the alleged victim, “who has for more than 19 years been living abroad and
[who has a] professional profile that she herself points to in the [brief of pleadings and
motions].”
7.
In response to these objections from the State, the representative observed that "the
Peruvian State has not demonstrated why [the] sworn affidavit is not ‘probative evidence’ or
why it should be given less legal weight than the sworn affidavit provided by any other
victim.” Additionally, she indicated that contrary to what the State had indicated, she
“[sought] the support of organizations with human and material resources" to assist her in
the litigation. However, they turned her down precisely "due to a lack of material and
human resources," for which she provided evidence. She highlighted that in addition to the
bank account statement, she submitted “other evidence demonstrating that [… she is] in
debt […] and [that] she [is] facing financial difficulties.” She explained that her
qualifications "do not contradict a lack of financial resources," as “she studied international
law thanks to scholarships obtained through her own academic efforts," for which she
provided a document as evidence. Likewise, she indicated that "far from being able to
pursue a normal working life" she has had to face litigation in two cases before the InterAmerican System because “the Inter-American Commission on Human Rights separated
[her] complaint […] into two.” She indicated that litigation in the case of the Miguel Castro
Castro Prison “left her […] with a debt of approximately 120,000 thousand pounds sterling
[...]” and that even though the Court ordered the State to reimburse her in the amount of
US$75,000 (seventy-five thousand dollars of the United States of America) for costs and
expenses, Peru "has not complied with this," for which reason the Gruber prize “in no way
‘made [her] rich.’” In addition, she argued that the Rules of Procedure of the Fund "do not
disqualify anyone" based on place of residence "nor do they require the victim to be
completely indigent in order to access legal aid. Rather, aid is granted based on the
objective financial situation of the victim that makes him or her incapable of covering legal
costs.” Finally, the representative attached, inter alia, a new bank account statement from
September of 2012, once again showing a negative balance.
8.
First of all, the acting President finds that the request to access the Assistance Fund
of the Court was submitted in a timely fashion in the brief of pleadings and motions (supra
Having Seen clause 2). Likewise, he recalls that the alleged victims “are the ones who shall
benefit from the [Assistance] Fund."7 Nevertheless, he notes that in this case, the alleged
victim is representing herself.
9.
Regarding the State’s objections with regard to the alleged victim’s lack of financial
resources, the acting President highlights that evaluation of an alleged victim’s lack of
resources must take into account the alleged victim’s situation at the time the litigation
before the Court takes place. In this sense, the acting President observes that the State’s
objections do not invalidate the evidence provided by the representative regarding her
7
Cf. Case of Contreras et al. v. El Salvador. Order of the President of the Inter-American Court of Human
Rights of March 4, 2011, Considering clause 9, and Case of Suarez Peralta v. Ecuador. Order of the President of the
Inter-American Court of Human Rights of September 14, 2012, Considering clause 10.
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