9.
First of all, the President confirms that the request for access to the Court’s
Assistance Fund was submitted at the appropriate time, 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. Indeed, the President reiterates that the alleged victims are the ones who
should benefit from the Assistance Fund 9. Likewise, the President notes that this case
involves numerous alleged victims, although at this stage of the proceeding there is no
requirement to make a pronouncement on the identification of the alleged victims in the
present case before the Court.
10.
In this regard, the President takes cognizance of the lack of financial resources
claimed by the alleged victims through their representatives and considered their sworn
statements (supra Considering paragraph 5) as sufficient evidence of their lack of financial
resources to cover the costs of litigation before the Inter-American Court. Likewise, he takes
note of the total amount requested by the alleged victims through their representatives.
11.
The President also confirms that the representatives requested resources from the
Legal Assistance Fund to cover specific expenses of members of the legal team, based on
the fact that they do “not have specific resources to litigate this case” (supra Considering
paragraphs 6 and 7). Taking into account the facts stated in the aforementioned affidavits
the President considers that, in order to ensure an adequate defense by said persons in the
specific context of this case, it is pertinent to admit the application submitted by the
representatives as indicated in considering paragraph 14.
12.
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.
13.
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 which of these would be admitted, or the means by which these would be
obtained. In accordance with Article 50.1 of the Court’s Rules of Procedure, that decision is
taken by the Court or its President, once the parties have submitted the definitive lists of
proposed declarants and the right to defense has been guaranteed, under the terms of
Articles 45 to 49 of the Court’s Rules of Procedure.
14.
Based on the foregoing considerations, the President considers valid the request
made by the alleged victims, through their representatives, to have recourse to the Court’s
Legal Assistance Fund. Having regard to the resources currently available in the Fund, the
alleged victims are to be granted the financial assistance necessary for the presentation of a
maximum of three testimonies, either by affidavit or at a hearing, and for the appearance of
one of the representatives at a future hearing to be held in this case. Likewise, the
9
Cf. Case of González Medina et al. v. Dominican Republic. Order of the President of the Inter-American
Court of Human Rights of February 23, 2011, Considering paragraph No. 8, and Case of Fornerón and daughter v.
Argentina. Order of the President of the Inter-American Court of Human Rights of May 31, 2011, Considering
paragraph No. 7.
4