2.
The Court decided to summon the parties and the Inter-American Commission
on Human Rights to a private hearing, to be held on August 19, 2013, at the seat of
the Court, for the purpose of monitoring compliance with the Judgment. This hearing
is being convened for the purpose of receiving up-to-date and detailed information
from the State regarding compliance with the measures of reparation ordered in the
Judgment and to hear the observations of the two common interveners for the
representatives of the victims and the opinion of the Inter-American Commission
(supra Having Seen 3).
3.
On July 13, 2013 Mrs. Monica Feria Tinta, a victim and the common intervener
for the representatives, submitted a request for support from the Victims’ Legal
Assistance Fund “to be able to attend [the] private hearing” on monitoring compliance
with judgment (supra Having Seen 4). With respect to the expenses requested, she
specified that the assistance was to cover “air tickets, board and lodging expenses and
the payment of exit taxes from Costa Rica, for 3 people, namely: the legal
representative (who [would] travel from the United Kingdom), a relative who has been
negotiating the implementation [of the Judgment] in Peru (who is part of the team
submitting its report to the Court ) and a survivor who [would] also travel from Peru
and who would also form part of the team that [would] present its report to the Court,
on behalf of the largest group of victims.” She added that “[t]he presence of these last
two [individuals] on the team that will present a report to the Court on behalf of the
largest group of victims is of the utmost importance, given that this group has made
many efforts to ensure the implementation of the Judgment in the case of Castro
Castro Prison and its participation in the hearing is important to answer any questions
that could arise during the examination of the case, on the actions by Peruvian State in
the stage of implementation of the Judgment.” The common intervener also stated that
she represents the “largest group of victims [, which] includes the majority of the
beneficiaries (over 100) of those who were murdered in the Castro Castro Prison (more
than 20 families) and more than 200 survivors” and indicated that “[this] group […]
has been monitoring the implementation of this Judgment, without receiving funds or
assistance of any type of six years.”
4.
In 2008, the General Assembly of the Organization of American States
(hereinafter the “OAS”) created the Legal Assistance Fund of the Inter-American
Human Rights System
(hereinafter “the Assistance Fund of the Inter-American
System”), in order 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.” 1 As established in the Rules of Procedure adopted by the Permanent Council
of the OAS in November 2009 2, the Assistance Fund of the Inter-American System
maintains two separate accounts: one for the Inter-American Commission and the
other for the Inter-American Court. 3 As to the financing of the Assistance Fund of the
Inter-American System, this is currently comprised of “voluntary capital contributions
1
Cf. AG/RES. 2426 (XXXVIII-O/08) Resolution adopted by the General Assembly of the OAS during
the Thirty-Eighth Ordinary Session of the OAS, at the fourth plenary session, held on June 3, 2008,
“Establishment of the Legal Assistance Fund of the Inter-American Human Rights System,” Operative
Paragraph 2.a and 2.b, 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 Rights System,” Article 1(1).
2
Cf. Resolution CP/RES. 963 (1728/09), supra note 1, Article 3(1).
3
Under Article 4 of the Rules of the Permanent Council on the Assistance Fund of the Inter-American
System, the Court shall regulate the eligibility requirements for requesting assistance and the approval
procedure.
2