estimated the total expenses for four witnesses and four experts at approximately
US$11,304.00 (eleven thousand three hundred and four dollars of the United States of
America). Assuming that the Fund would cover the cost of obtaining sworn
statements, they pointed out that “the formalization of affidavits for the notarization
of testimonies and expert reports in Venezuela implies an additional variable cost,
which has not been included in the calculation of estimated expenses.” Finally, the
representatives requested that the State be required to reimburse said expenses to
the Fund, according to Article 5 of the Rules of the Fund. This, without prejudice to the
amounts for expenses and costs that the Court may determine for the alleged victims
and their representatives and that should be directly reimbursed to them.
10.
The President confirms that the request for access to the Court’s Assistance
Fund was submitted in a timely manner in the brief of pleadings and motions (supra
Having Seen paragraph 2). In this regard, he notes that the representatives submitted
the request to have recourse to the Legal Assistance Fund on behalf of the alleged
victims, since they are the ones who should benefit from the Assistance Fund.
11.
Likewise, the President takes cognizance of the lack of financial resources
claimed by the alleged victims and considers the statement signed by Ms. Yelitze
Lisbeth Moreno Cova and the pay slip issued by the Ministry of the Popular Power for
Education as sufficient evidence thereof (supra Considering paragraphs 5 and 6).
12.
At the same time, the President notes that the alleged victims have requested
assistance from the Fund to cover expenses related to the production of evidence
before the Court, specifically to present statements, either at a public hearing or by
means of affidavits (supra Considering paragraph 8). Likewise, he takes cognizance of
the fact that the representatives have submitted a table of estimated expenses in case
the evidence is to be presented.
13.
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 Presidency 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.
14.
The President notes that, at the present stage of the proceedings, it has not
been determined whether or not the testimonies offered by the representatives shall
be admitted by the Court, or the means by which these shall be obtained.
15.
Based on the foregoing considerations, the President considers valid the
request made by the alleged victims to have recourse to the Court’s Legal Assistance
Fund to cover the expenses related to the appearance of deponents and the
presentation of testimonies to the Court. Accordingly, having regard to the resources
currently available in the Court’s Assistance Fund, the alleged victims shall be granted
the financial assistance necessary for the presentation of a maximum of four
testimonies, either by affidavit or at a 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 evidence offered by
experts and witnesses and on the opening of the oral proceedings, in accordance with
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