6.
The representatives specified that the presumed victims requested the assistance of
the Fund to cover: (i) travel expenses, including “airfare, hotel, and per diem,” of the
persons that the Court might called to testify in the hearing, including presumed victims,
witnesses, expert witnesses, and representatives of the family members; (ii) notary fees
arising from the affidavits of presumed victims, witnesses, and expert witnesses that the
Court finds it pertinent to receive, and (iii) travel and expenses derived from executing the
expert appraisals included in the pleadings and motions brief, in the cases in which the
expert witnesses need to travel to El Salvador, or internally within the country, to execute
them, as well as the expenses of the expert witnesses that the Court calls to provide their
expert opinion during the hearing.
7.
The representatives have not presented an estimate of the costs to be covered by
the Fund for the deponents to appear at an eventual public hearing, for the production of
affidavits, or for the production of the expert opinions offered.
8.
First, the President notes that the request to access the Fund was presented
opportunely in the pleadings and motions brief (supra having seen paragraph 2). He also
notes that, on that occasion, the representatives made the request on behalf of the
presumed victims; and the President reiterates that the Fund is for the presumed victims. 8
9.
The President has verified that, as annexes to the pleadings and motions brief, the
representatives forwarded affidavits relating to the financial constraints, and to the
expenses incurred as a result of the facts of this case, provided by María Juliana Rochac
Hernández, Juana Francisca Bonilla, Ester Abarca Ayala and Julio Antonio Flores. The
President observes that this case relates to numerous presumed victims and that, at this
procedural stage, it is not appropriate to rule on the proper identification of the presumed
victims in this case before the Court.
10.
Consequently, the President takes note of the lack of financial resources alleged by
some presumed victims through their representatives, and considers that the affidavits
provide sufficient evidence for this, pursuant to article 2 of the Rules of the Assistance Fund.
11.
The President also observes that the presumed victims have requested the
assistance of the said Fund to cover expenses related to the production of evidence before
the Court, specifically for the presentation of testimony, either at the hearing or by affidavit,
and the execution of expert appraisals (supra considering paragraph 6). He also takes note
that, at this procedural stage before the Court, the representatives have not been able to
determine precisely the expenses that this will generate, nor have they presented an
estimate.
12.
In this regard, the President recalls that the Fund is constituted by voluntary
contributions from sources of cooperation (supra considering paragraph 2) and that these
limited resources are insufficient to cover all the expenses relating to the appearance and
eventual presentation of evidence before the Court by the presumed victims and their
representatives. Consequently, in each case, the President must evaluate the request for
assistance that has been presented in relation to the funds available, taking into account the
possible needs for assistance in other cases before the Court, in order to ensure the proper
administration and fair distribution of the Fund’s limited resources.
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, ninth considering paragraph, and Case of Osorio Rivera et al. v. Peru. Order of the
President of the Inter-American Court of Human Rights of March 12, 2013, ninth considering paragraph.
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