making, and the unsafe conditions caused by the drug gangs operating in the area.” In this
regard, the representatives offered three witness statements and expert opinion.
The communication of March 1, 2014, and its attachments, wherein the representatives
provided the sworn declaration of Mrs. Mirian Merced Miranda Chamorro, in which she noted
that “the members of the Punta Piedra community […] do not have the financial recourses to
attend the hearing in the case.”

7.

8.
The note of the Secretariat of March 3, 2014, which noted the requests made in regard
to the admission of testimonial and expert evidence, as well as the request to apply the Fund
to be assessed and considered by the President of the Court.
9.
The brief of April 10, 2014, and its attachments, wherein the State provided the answer
to the brief submitting the case and the observations to the brief of pleadings and motions.
The State did not carry out any objection in regard to the request of the representatives to
apply the Victim’s Legal Assistance Fund or to the evidence provided.
CONSIDERING THAT:
1.
Honduras has been a State Party to the American Convention (hereinafter “the
American Convention” or “the Convention”) since September 8, 1977, and recognized the
contentious jurisdiction of the Court of September 9, 1981.
2.
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 Inter-American System’s Assistance Fund) and commissioned the OAS
Permanent Council to draft the rules of procedure for the Fund, 1 adopted in November 2009. 2
This Assistance Fund was created “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.” 3 According to said Rules of Procedure adopted by the Permanent Council, the InterAmerican System’s Assistance Fund has two separate accounts: one corresponding to the
Inter-American Commission and the other to the Inter-American Court. As regards the
financing of the Inter-American System’s Assistance Fund, currently this depends on
“voluntary capital contributions from the Members States of the OAS, the Permanent Observer
States, and other States and donors that may wish to collaborate with the Fund.” 4 In addition,
according to Article 4 of the Rules of Procedure approved by the Permanent Council, it
corresponded to the Court to establish the formal requirements for eligibility to request
assistance, and also the approval procedure.
3.
Pursuant to the aforementioned, on February 4, 2010, the Court adopted the Rules of
Procedure of the Assistance Fund, which came into force on June 1, 2010, in order to “regulate
the operation of, and access to the Fund […] for the litigation of cases before it.” 5 As
1
AG/RES. 2426 (XXXVIII-O/08) Resolution adopted by the General Assembly of the OAS during its XXXVIII
Period of Regular Sessions of the OAS, in 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(b).
2
CP/RES. 963 (1728/09), Resolution adopted on November 11, 2009, by the OAS Permanent Council, “Rules of
Procedure for the Operation of the Legal Assistance Fund of the Inter-American Human Rights System.”
3
AG/RES. 2426 (XXXVIII-O/08), supra note 3, operative paragraph 2(a), and Resolution CP/RES. 963
(1728/09), supra note 2, Article 1(1).
4

Rules of procedure of the Inter-American System’s Assistance Fund, supra note 3, article 2(1).

5

Rules of procedure of the Inter-American Court of Human Rights on the Operation of the Victims’ Legal
Assistance Fund approved by the Court on February 4, 2010, Article 1.

2

Select target paragraph3