it is considered to represent and, in the case of alleged financial disbursements, the items and their
justification must be clearly established. 256
252. The Court notes that the representatives forwarded vouchers for the expenses incurred in the
professional defense of this case and that these related to plane tickets, coordination of the litigation,
legal assistance, research, compilation and presentation of evidence, interviews, and preparation of
briefs. Taking this into account, the Court establishes, in equity, the sum of US$30,000 (thirty
thousand United States dollars) for the expenses incurred in the processing of the case before the
inter-American system of human rights. This sum must be delivered, within one year of notification
of this judgment, as follows: to the Instituto de Estudios Comparados en Ciencias Penales de
Guatemala the sum of US$20,000 (twenty thousand United States dollars) and to the Center for
Justice and International Law the sum of US$10,000 (ten thousand United States dollars). At the
stage of monitoring compliance with judgment, the Court may require the State to reimburse the
victims or their representatives for any reasonable expenses they incur at that procedural stage.
G.
Reimbursement of expenses to the Victims’ Legal Assistance Fund of the InterAmerican Court
253. During its 2008 General Assembly, the Organization of American States created the Legal
Assistance Fund of the Inter-American System of Human Rights in order 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.”257
254. In a note of the Court’s Secretariat of July 17, 2019, a report was forwarded to the State on
the disbursements made in application of the Victims’ Legal Assistance Fund in this case, which
amounted to US$1,943.20 (one thousand nine hundred and forty-three United States dollars and
twenty cents) and, pursuant to Article 5 of the Court’s Rules for the Operation of the said Fund,
Guatemala was granted a time frame for presenting any observations it deemed pertinent. The State
presented its observations on July 14 [sic], 2019, reiterating the position outlined in its answering
brief and considered that: (i) the sum to be paid was not covered by the Court, rather this
responsibility was delegated to the State; (ii) both the Commission and the representatives of the
alleged victims only identified Mr. Ruiz Fuentes’ sister; (iii) the purpose of the statements made by
the deponents proposed by the ICCPG was similar and, therefore, did not provide factual information
that would have allowed the judges to elucidate the true facts of the case; therefore, the principle of
procedural economy was violated, as the State had alleged at the appropriate moment; (iv) the State
considered that the principal victims in this case were the family members of the child, P.A.L.W.; (v)
the alleged victims, their representatives and the Inter-American Commission had substantiated their
case on false facts, and the State had proved this at the appropriate moment, and (vi) the State had
complied with its obligation to investigate, prosecute and punish those responsible for the facts that
occurred to the detriment of the child, P.A.L.W., and the members of his family, who were the victims
of a group of kidnappers, a situation based on which the Court should declare that the State did not
have international responsibility in this case.
255. In light of Article 5 of the Rules for the Operation of the Fund, owing to the violations declared
in this judgment and the fact that the requirements to access the Fund were met, the Court orders
the State to reimburse the Fund the sum of US$1,943.20 (one thousand nine hundred and fortythree United States dollars and twenty cents) for the necessary expenses paid. This sum must be
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra, para. 277, and Case of Gorigoitía v. Argentina, supra,
para. 85.
257
AG/RES. 2426 (XXXVIII-O/08), Resolution adopted at the fourth plenary session held on June 3, 2008, of the thirtyeighth General Assembly of the OAS, “Establishment of the Legal Assistance Fund of the Inter-American Human Rights
System,” operative paragraph 2(a), and CP/RES. 963 (1728/09), Resolution adopted on November 11, 2009, by the OAS
permanent Council, “Rules of Procedure for the Operation of the Legal Assistance Fund of the Inter-American Human Rights
System,” article 1(1).
256
55
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