consideration of the President of the Court, who shall then evaluate the request and make a
decision within three months of the date on which the background information required is
received.
5.
The President notes that, with regard to the request for resources from the Court’s
Assistance Fund, the representatives based their application on the fact that the surviving
alleged victims and relatives of the alleged victims of the Massacres of El Mozote “do not
have the financial resources to cover the costs of this process.” To support their application,
the representatives included the sworn statement rendered by María Dorila Márquez de
Márquez, the testimonies rendered before the Archdiocese’s Human Rights Office (Tutela
Legal) in San Salvador by José Gervacio Díaz, Juan Bautista Márquez, Lucinda Hernández,
María Ángel Díaz and María del Rosario López Sánchez, together with documents justifying
the estimated expenses.
6.
The President confirms that the representatives submitted, as attachments to the
brief of pleadings and motions, the sworn statement of María Dorila Márquez de Márquez, in
which she stated that she knew a large number of alleged victims, including survivors and
relatives of alleged victims murdered in the Massacres of El Mozote and surrounding areas,
who are “people with very few financial resources,” and therefore “these people would not
have the necessary financial resources to cover these expenses.” She also stated that “until
now, the costs of obtaining justice in this case ha[d] been assumed by the Archdiocese’s
Human Rights Office (Tutela Legal) of San Salvador and that without the intervention of this
organization, it would not have been possible […] to proceed with this process to the stage
that it has reached now.” Likewise, the representatives submitted the testimonies rendered
before the Archdiocese’s Human Rights Office (Tutela Legal) by José Gervacio Díaz, Lucinda
Hernández and María del Rosario López Sánchez 8, in which they describe, among other
matters, their current means of subsistence and the decrease in their incomes. Finally, the
representatives included the following approximate estimates of expenses: a) round trip
airline tickets from San Salvador to San José and from Buenos Aires to San Jose, based on a
quote obtained in March 2012; b) hotel costs; c) notarial services, and d) psychosocial
report.
7.
At the same time, the representatives pointed out that “[a]lthough Tutela Legal has,
until now, covered the expenses of both the domestic and the international proceedings, the
processing of this case before the […] Court implies additional expenses, which Tutela Legal
is not in a position to cover alone.” The added that CEJIL and Tutela Legal “would be in a
position to assume a number of expenses incurred by the proceeding before this […] Court,
and therefore the [alleged] victims have not included [these] in their application for
assistance from the Fund. This, on the understanding that those amounts [would be]
reimbursed by the […] State of El Salvador, if the Court so orders in its judgment in this
case.” Finally, the representatives requested that the State be required to reimburse said
expenses to the Legal Assistance Fund, according to Article 5 of the Rules of the Fund. This,
without prejudice to the amounts for expenses and costs that the Court may determine for
the alleged victims and their representatives, and for which they should be directly
reimbursed.
8.
The representatives explained that the alleged victims were requesting assistance
from the Fund to cover: (i) travel expenses, including the “fares, hotel and per diem
expenses” of the alleged victims, witnesses and expert witnesses that the Court may
8
The President notes that the testimonies of Juan Bautista Márquez and María Ángel Díaz are not included
in Appendix 3 to the brief of pleadings and motions of the representatives.
3