CONSIDERING THAT:
1. Chile has been a State Party to the American Convention on Human Rights (hereinafter
“the American Convention” or “the Convention”) since August 21, 1990 and recognized the
contentious jurisdiction of the Court on that same date, according to Article 62 thereof.
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 Assistance Fund of the Inter-American System”) and entrusted its
regulation to the Permanent Council of the OAS. 3 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.” 4 As established in the
aforementioned Rules of Procedure approved by the Permanent Council in November 2009, 5
the Assistance Fund of the Inter-American System maintains two separate accounts: one for
the Inter-American Commission and the other for the Court. As to the financing of the
Assistance Fund of the Inter-American System, this is currently comprised of “voluntary
capital contributions from Member States of the OAS, the Permanent Observer States, and
other States and donors that may wish to collaborate with the Fund.” 6 Likewise, pursuant to
Article 4 of the Rules of Procedure approved by the Permanent Council, the Court shall
determine the eligibility requirements for requesting assistance, and the procedure for
approving such assistance.
3. Accordingly, on February 4, 2010 the Court adopted the Rules for the Operation of the
Victims’ Legal Assistance Fund, which entered into force on June 1, 2010, and whose
purpose is to “regulate the operation of, and access, to the […] Fund, for the litigation of
cases before it.” 7 As established therein, alleged victims wishing to access the Fund must
follow three steps: (1) request assistance in the written brief containing pleadings, motions
and evidence; (2) indicate, by means of a sworn affidavit and other probative evidence that
will satisfy the Court, that they lack the financial resources necessary to cover the cost of
litigation before the Inter-American Court, and (3) state precisely the aspects of their
participation in the proceedings that require the use of resources of the Victims’ Legal
Assistance Fund. 8
4. As stipulated in Article 3 of the Rules of the Court’s Assistance Fund, the requests for
assistance were first examined by the Secretariat of the Court. After receiving the
documents required completing the background information (supra having seen paragraphs
3 to 6), the Secretariat submitted these petitions to the consideration of the President of the
Court, to be evaluated and decided in accordance with the relevant provisions. In the first
place, the President confirms that the request for access to the Court’s Assistance Fund was
3
Cf. AG/RES. 2426 (XXXVIII-O/08) Resolution adopted by the General Assembly of the OAS during the
thirty-eighth regular session of the OAS, at 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).
4
AG/RES. 2426 (XXXVIII-O/08), supra note 3, operative paragraph 2(a), and CP/RES. 963 (1728/09),
Resolution adopted on November 11, 2009 by the Permanent Council of the OAS, “Rules of Procedure for the
Operation of the Legal Assistance Fund of the Inter-American Human Rights System,” Article 1(1).
5
Cf. Resolution CP/RES. 963 (1728/09), supra note 4, Article 3(1).
6
Resolution CP/RES. 963 (1728/09), supra note 4, Article 2(1).
7
Rules for the Operation of the Victims’ Legal Assistance Fund of the Inter-American Court of Human
Rights, approved on February 4, 2010, Article 1.
8
Cf. Rules of the Assistance Fund, supra note 7, Article 2.
3