established in these Rules of Procedure, in order to use this Fund, a presumed victim must
fulfill three requirements: 1) request this in the brief with pleadings, motions and evidence; 2)
prove, by means of a sworn affidavit and other appropriate evidence that satisfies the Court,
that they lack sufficient financial resources to cover the costs of litigation before the InterAmerican Court, and 3) indicate precisely the aspects of their participation in the proceedings
that require the use of the resources of the Assistance Fund.
4.
As stipulated in Article 3 of the Rules of Procedure of the Court’s Assistance Fund, on
receiving a request to use these resources, the Secretariat of the Court must conduct a
preliminary review of the request for assistance and require the requesting party to present
any additional background information required for the request to be submitted to the
consideration of the President of the Court, who will assess the request and take the pertinent
decision within three months of receiving all the required information.
5.
The representatives requested assistance from the Fund to “provide [funding] for
litigation in this case, given the lack of sufficient financial resources to cover the costs of the
litigation,” specifically "those related to airline transport costs, accommodations, and food for
the victim’s representatives and the witnesses summoned to appear before the Honorable
Court.” In response to the request for additional information, they sent the statement of Mirian
Merced Miranda Chamorro, which states that “members of the Punta Piedra community [...] do
not have the financial resources to attend the hearing in this case.”
6.
First, the President noted that the request to apply the Legal Assistance Fund of the
Court was made in the brief of pleadings and motions on behalf of the members of the
Garifuna Punta Piedra Community and supported by a statement of a member of the
community. The President understands that the request was made on behalf of the alleged
victims, and notes the lack of economic resources, to which, for purposes of this case,
considered sufficient, as evidence, the statement filed pursuant to Article 2 of the Rules of
Procedure of the Victim’s Legal Assistance Fund of the Court. In turn, the President noted that
the State presented no objection to the request made by the representatives.
7.
Moreover, the President recalls that the Assistance Fund of the Court is made up of
voluntary donations from cooperating sources, to which these limited resources are insufficient
to cover all expenses related to appearance and possible presentation of evidence before the
Court by the alleged victims. Given the aforementioned, this Presidency will assess each
specific case the request for assistance presented with regard to available funds, taking into
account the need for assistance that could arise in other cases before the Court, so as to
safeguard the proper administration and fair distribution of these limited resources.
8.
The President takes note that, at the current stage of the proceedings, it is not possible
to determine which of the testimonies offered by the representatives will be received by the
Court, or in what form they will be received. Under Article 50(1) of the Court’s Rules of
Procedure, this determination corresponds to the Court or to its President, once the parties
have forwarded their final lists of the declarants they propose and the right to defense has
been ensured, in the terms of Articles 45 to 49 of the Court’s Rules of Procedure.
9.
Based on the foregoing considerations, the President finds admissible the presumed
victims’ request to use the Court’s Legal Assistance Fund, in the understanding that it will be to
cover expenditure relating to the appearance of declarants in a possible public hearing before
the Court, as well as the presentation of testimony to the Court. In this regard, based on the
resources currently available in the Assistance Fund, the presumed victims will be awarded the
necessary financial assistance for the presentation of a maximum of two declarations and one
expert opinion, either by affidavit or at the public hearing. In addition, the President finds it
3