requesting party to present the background information necessary so that the request
may be submitted to the consideration of the Presidency. The President of the Court
shall then evaluate the request and make a decision within three months as of the
date on which the background information required is received.
5.
The President notes that the representatives requested resources from the
Court’s Assistance Fund in their brief of pleadings and motions submitted on July 16,
2011 and in the attachments received on August 8, 2011 presented a sworn
statement by Ms. Yelitze Lisbeth Moreno Cova together with a receipt for payment of
her fortnightly salary for the “Thirteenth Quincena (two-week period) of the year
2011” from the Ministry of the Popular Power for Education.
6.
The representatives based their application on the fact that the family of Joe
Luis Castillo González “does not have the financial resources necessary to cover the
costs and expenses of litigation before the Inter-American Court (supra Having Seen
2). In this regard, in a statement signed by Ms. Yelitze Lisbeth Moreno Cova, on behalf
of her family, she explains that she “lack [s] the necessary funds to cover the costs of
litigation before the Inter-American Court […]in the [present] case,” and includes
information on her fortnightly income as of the date of July 8, 2011.
7.
On the other hand, the representatives pointed out that “there are a number of
expenses that the representatives are in a position to cover at this stage of the
proceeding before the Court, and […] therefore the [alleged] victims have not included
[these] in their application for assistance from the Fund. This is on the understanding
that those amounts [would be] reimbursed by the State in respect of expenses and
costs if the Court so orders in its [R]uling in this case.” Said expenses would include
“the representation expenses [of the representative organizations]; travel [expenses]
for the lawyers of CEJIL to Venezuela to work on the case before the Court and
prepare the hearing; air tickets, accommodation and per diem expenses for three
lawyers of CEJIL, and two lawyers from the Vicaría de Caracas to the place where the
hearing is to be held [,] and logistical expenses during the preparation and holding of
the hearing.”
8.
The representatives explained that the alleged victims are requesting support
from the Assistance Fund to cover the following expenses: i) travel expenses,
including air tickets, hotel and per diem expenses for up to four witnesses and four
expert witnesses that the Court may summon to give evidence at a hearing, and ii)
expenses for the formalization of affidavits in Venezuela of any testimonies and expert
witnesses that the Court may consider admissible. The representatives emphasized
that, at this stage of the proceedings, they were not in a position to determine
whether all the witnesses and experts proposed in their brief of pleadings and motions
would be admitted by the Court and also that they did not know where the Court
would decide to hold the future hearing of this case, for which reason “the travel
expenses could vary considerably.” In view of the foregoing, they requested that,
should Court approve this request, to do so bearing in mind “the testimonies and
expert reports that it may decide to admit in its Decision [pursuant to] Article 50 of
the Rules of Procedure [of the Court]” and, that if it should accept the request in part,
the Court should indicate the number of expert reports and testimonies to be covered
by the Fund.
9.
Notwithstanding the foregoing, the representatives submitted an estimate of
the costs to be covered by the Fund for the appearance of the deponents at a future
public hearing at the seat of the Court. Based on this assumption, the representatives
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