benefit from the Assistance Fund.8 Accordingly, the President takes cognizance of the lack of
financial resources claimed by the alleged victims through their representatives and
considers sufficient, as evidence thereof, the statements submitted in accordance with
Article 2 of the Rules of the Assistance Fund of the Court.
10.
The President notes that the alleged victims have requested access to the Assistance
Fund to cover expenses related to the production of evidence before the Court, specifically
for the presentation of nine testimonies and five expert opinions, either at the public
hearing or by means of affidavits (supra Considering paragraph 5).
11.
The President recalls that the Court’s Legal Assistance Fund 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 a possible appearance and
presentation of evidence before the Court by the alleged victims. Therefore, in each specific
case, the President 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.
12.
The President points out that, at this stage of the proceedings, it has not been
decided whether the Court shall admit the statements offered by the representatives, or the
means by which these will be rendered. In accordance with Article 50(1) of the Court’s
Rules of Procedure, that decision is taken by the Court, or by its President, once the parties
have submitted the definitive lists of proposed deponents and the right to defense has been
guaranteed, under the terms of Articles 45 to 49 of the Court’s Rules of Procedure. Also,
regarding the State’s objection to the use of the Fund in relation to persons whose
“supposed status as alleged victims” was called into question, the Court shall determine
their status in due course.
13.
Based on the foregoing considerations, the President considers valid the request
submitted by the alleged victims, through their representatives, to have access to the
Court’s Legal Assistance Fund. Accordingly, having regard to the resources currently
available in the Fund, the alleged victims shall be granted the financial assistance necessary
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 amount, 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 offered and on the opening of the oral
proceedings, in accordance with Article 50(1) of the Court’s Rules of Procedure, in order to
have certainty regarding which of the testimonies shall be received by the Court, and the
means by which these shall be rendered.
THEREFORE:
THE PRESIDENT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
8
Cf. Case of Contreras et al. v. El Salvador. Order of the President of the Inter-American Court of Human
Rights of March 4, 2011, Considering paragraph 9, and Case of Véliz Franco v. Guatemala. Order of the President
of the Inter-American Court of Human Rights of January 8, 2013, Considering paragraph 8.
4