13.
The President notes that, at the actual stage of the proceedings, it is not possible to
determine which of the statements offered by the representatives will be received by the
Court, or how they will be received. Under Article 50(1) of the Court’s Rules of Procedure,
this decision corresponds to the Court or to its President once the parties have forward the
final lists of the deponents they propose, and the right of defense has been ensured, in the
terms of Articles 45 to 49 of the Court’s Rules of Procedure.
14.
Based on the foregoing, the President finds that the presumed victims’ request to
access the Court’s Assistance Fund, made through their representatives, is appropriate.
Based on the resources currently available in the assistance Fund, the presumed victims will
be granted the financial assistance necessary for the presentation, paid for by the Fund, of a
maximum of five statements and, as appropriate, the Court will specify which will be
received by affidavit and which during the public hearing. In addition, the President
considers it desirable to postpone the determination of the specific amount, destination and
purpose of the financial assistance to be provided to the presumed victims until the time
when the President or the Court decides on the admissibility and relevance of the testimony
offered and on the opening of the oral proceeding, pursuant to Article 50(1) of the Court’s
Rules of Procedure, in order to be certain which statements will be received by the Court,
and how they will be provided.
THEREFORE:
THE PRESIDENT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of his attributes in relation to the Victims’ Legal Assistance Fund and pursuant to
Article 31 of the Court’s Rules of Procedure and article 3 of the Rules of the Assistance
Fund,
DECIDES:
1.
To declare that the request made by the presumed victims, through their
representatives, to access the Victims’ Legal Assistance Fund of the Inter-American Court of
Human Rights is acceptable, and therefore the necessary financial support will be granted
for the Fund to finance the presentation of a maximum of five statements, either by
affidavit or during the public hearing, and that the specific amount, destination, and purpose
of this assistance will be defined when deciding on the production of testimonial and expert
evidence, and the opening of the oral proceedings, pursuant to Article 50 of the Court’s
Rules of Procedure, as established in considering paragraph 14 of this Order.
2.
To require the Secretariat of the Court to notify this Order to the representatives of
the presumed victims, the Republic of El Salvador, and the Inter-American Commission on
Human Rights.
Diego García-Sayán
President
4