current financial situation. Although there is evidence in the case file indicating that the
alleged victim received academic awards in 2006 and 2007, for which she received a certain
amount of money, no evidence was provided indicating that this money remains available to
the alleged victim. On the contrary, the evidence provided by the representative reveals
that the alleged victim is currently in debt, a situation that would not exist were the
amounts of money indicated by the State available. In addition, the acting President notes
that it is not necessary to prove "a dreadful economic situation” or “indigence” to access the
Victims’ Assistance Fund of the Court. Pursuant to the Rules of Procedure of the Fund, it
must be proven that the “economic resources necessary to cover the cost of litigation before
the Inter-American Court” are lacking. Therefore, the acting President finds that the
objections raised by the State are not admissible, and therefore finds that the sworn
affidavit and other probative elements provided pursuant to Article 2 of the Rules of
Procedure of the Assistance Fund are sufficient evidence of the alleged victims’ current lack
of financial resources.
10.
The alleged victim’s request to the Assistance Fund of the Court was filed in order to
cover the expenses of translating a document from German to Spanish, photocopying the
brief of pleadings and motions, and sending the annexes of that brief to Costa Rica, as well
as the expenses incurred for the participation in the public hearing to be held in this case of
four witnesses and three "individuals who [would] form part of the legal representation in
this case.”
11.
Regarding this, the acting President recalls that the Assistance Fund of the Court is
formed through voluntary contributions from donors (supra Considering clause 2), and that
the limited resources are not sufficient to cover all the expenses incurred by the alleged
victims and the representatives related to appearing and presenting evidence before the
Court. Based on this, this Presidency must evaluate the request for assistance presented in
each case according to the funds available, taking into account the needs for assistance that
may be presented in other cases before the Court, all with the purpose of ensuring the
correct administration and just distribution of the Fund’s limited resources.
12.
Likewise, the acting President notes that as of this stage of the proceeding, it has not
yet been decided which testimony offered by the representative will be received by the
Court, nor the way in which that testimony will be received. Pursuant to Article 50(1) of the
Rules of Procedure of the Court, this decision rests with the Court or its President once the
parties have submitted the final lists of declarants that they propose and the right to
defense has been ensured, pursuant to the terms of articles 45 through 49 of the Rules of
Procedure of the Court.
13.
By virtue of these considerations, the President admits the request to access the
Assistance Fund of the Court presented by the alleged victim. Based on the resources
currently available in the Fund, the alleged victim will be granted the financial aid necessary
to present, at the expense of the Fund, a maximum of two testimonies, whether by affidavit
or in a public hearing, and for the appearance of a representative at the public hearing to be
held in this case. Likewise, the President finds it convenient to postpone the determination
of the specific recipients and purposes of the financial aid that will be provided to the
alleged victim until such time as this Presidency - or the Court - rules on the admission and
relevance of the expert evidence and testimony offered, and the opening of the oral
proceeding, pursuant to Article 50(1) of the Rules of Procedure of the Court, in order to be
certain of the testimony to be received by the Court as well as the way in which it is to be
received.
THEREFORE:
5