5.
The representatives submitted a request to cover some costs related to the
production of evidence during the proceedings before the Court , particularly with regard to
“[t]ravel expenses (fares, hotel and per diem) for the persons summoned to testify by the
Court at a hearing, including victims, witnesses and expert witnesses, according to Article
50 of the Court’s Rules of Procedure”, together with the “[n]otary costs associated with
taking statements from victims, witnesses and expert witnesses that the Court deems
pertinent to receive by affidavit, according to the aforesaid article.” The representatives
provided a list of fourteen people, nine witnesses and five expert witnesses, and presented
an estimate of the expenses incurred for the appearance of six of these deponents at the
public hearing at the seat of the Court. Based on this assumption, for the six deponents
(four alleged victims, one expert witness), they estimated total expenses of approximately
US $10,475.06 (ten thousand, four hundred and seventy-five dollars of the United States of
America and six cents). This amount includes transportation costs from the deponents’ place
of residence, as well as accommodation and per diems during their five-day stay in San
Jose, Costa Rica. The representatives also pointed out that “if the hearing should take place
in a place other than Costa Rica, the expenses could vary considerably.” In relation to the
statements or expert opinions that the Court decides should be rendered by affidavit, they
stated that “the approximate cost of notarizing sworn statements in the Dominican Republic
is USD 40.00 each [and] this cost may vary depending on the number of pages contained in
the document.” Moreover, given that the majority of the alleged victims live outside Santo
Domingo and Port-au-Prince, it would be necessary for two attorneys of MUDHA or GARR, as
the case may be, to travel to place where they are, or cover their transfer from their place
of residence. The approximate cost of this is US $500.00 (five hundred dollars of the United
States of America).
6.
The representatives based their request on the fact that the alleged victims “do not
have the necessary financial resources to cover this process.” In support of this request, the
representatives presented the sworn statements of members of the various families of the
alleged victims, namely: of William Medina Ferreras, Berson Gelin, Jeannise Midy, Antonio
Sesión, Víctor Jean, Benito Tide Méndez and Rafaelito Pérez Charles (supra Have Seen 2).
These statements confirm that neither these individuals, nor their family members, have the
financial resources necessary to cover the costs of litigation before the Court.
7.
Also, the representatives explained that there are a number of expenses that they
are in a position to cover and that, therefore, the alleged victims had not included these in
their request for assistance from the Fund, which they specified, “on the understanding that
the corresponding amounts shall be reimbursed [to them] by […] the State if the Court so
decides in its judgment in this case.”
8.
In its answer, the State “objected to [the] outlays [from the Fund] to cover the
participation of Mckenson Jean, Marlene Mesidor, Antonio Sesión and Ana Lidia Sesión in
these proceedings, in their capacity as alleged victims, and with regard to Mr. Cristóbal
Rodríguez Gómez, in his capacity as an expert witness, given that it has challenged their
characterization as such and requested their exclusion from the processing of this case.”
9.
The President confirms that the request for access to the Court’s Legal Assistance
Fund was submitted at the appropriate time, in the brief of pleadings and motions (supra
Having Seen paragraph 2). Likewise, he notes that on that occasion the representatives
indicated that the alleged victims were advising the Court that they wished to have access
to the Fund. The President reiterates that the alleged victims are the ones who should
3