12.
The President also notes that the alleged victims have requested assistance from the
Fund to cover expenses related to the production of evidence before the Court, and
specifically to cover the presentation of testimonies, either at a hearing or by means of
affidavits, as well as the preparation of one expert report (supra Considering paragraphs 8
and 9). Likewise, the President takes note of the representatives’ comments regarding the
fact that they are not in a position to precisely determine the expenses that would be
incurred at this stage of the proceeding before the Court, even though they have submitted
an estimate.
13.
The President recalls that the Assistance Fund of the Court is comprised of voluntary
contributions from donor sources (supra Considering paragraph 2), and that these limited
resources are insufficient to cover all the expenses related to the possible appearance and
presentation of evidence before the Court by the alleged victims. Therefore, in each specific
case, the Presidency must consider a request for financial assistance on the basis of the
resources available and bearing in mind the need for assistance that might arise in other
cases before the Court, in order to ensure the correct administration and fair distribution of
the Fund’s limited resources.
14.
The President notes that, at the present stage of the proceedings, it has not been
determined which of the testimonies offered by the representatives shall be received by the
Court, or the means by which these shall be obtained. In accordance with Article 50.1 of the
Court’s Rules of Procedure, that decision is taken by the Court or its President, once the
parties have submitted the definitive lists of proposed declarants and the right to defense
has been guaranteed, under the terms of Articles 45 to 49 of the Court’s Rules of Procedure
15.
Based on the foregoing considerations, the President considers valid the request of
the alleged victims to have recourse to the Court’s Legal Assistance Fund. Accordingly,
having regard to the resources currently available in the Fund, the alleged victims are to be
granted the necessary financial assistance for the presentation of a maximum of four
testimonies, either by means of affidavits or at a public hearing. Likewise, the President
considers it appropriate to defer a decision on the specific recipients and purpose of the
financial assistance to be provided to the alleged victims, until such time as the Presidency,
or the Court, rules on the validity and relevance of the testimonial and expert evidence and,
if applicable, on the opening of the oral proceedings, under the terms of Article 50.1 of the
Rules of Procedure of the Court, in order to have certainty regarding which of the
testimonies shall be received by the Court, and the means by which these shall be obtained.
(supra Considering paragraph 14).
THEREFORE:
THE PRESIDENT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in the exercise of his authority in relation to the Victims’ Legal Assistance Fund of this Court,
and in accordance with Article 31 of the Court’s Rules of Procedure and Article 3 of the Rules
of the Court’s Legal Assistance Fund,
DECIDES:
1.
To declare admissible the request submitted by the alleged victims, through their
representatives, to have recourse to the Victims’ Legal Assistance Fund of the Inter5