Permanent Council to draft the rules of procedure for the Fund, 1 adopted in November 2009. 2 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.” 3 According to the said Rules of Procedure adopted by the Permanent Council, the Inter-American System’s Assistance Fund has two separate accounts: one corresponding to the Inter-American Commission and the other to the Inter-American Court. As regards the financing of the Inter-American System’s Assistance Fund, currently this depends on “voluntary capital contributions from the Members States of the OAS, the Permanent Observer States, and other States and donors that may wish to collaborate with the Fund.” 4 In addition, according to article 4 of the Rules of Procedure approved by the Permanent Council, it corresponded to the Court to establish the formal requirements for eligibility to request assistance, and also the approval procedure. 3. Consequently, on February 4, 2010, the Court adopted the Rules of Procedure of the Assistance Fund, which came into force on June 1, 2010, in order to “regulate the operation of, and access to the Fund […] for the litigation of cases before it.” 5 As established in these Rules of Procedure, in order to use this Fund, a presumed victim must fulfill three requirements: 1) request this in the brief with pleadings, motions and evidence; 2) prove, by means of a sworn affidavit and other appropriate evidence that satisfies the Court, that they lack sufficient financial resources to cover the costs of litigation before the Inter-American Court, and 3) indicate precisely the aspects of their participation in the proceedings that require the use of the resources of the Assistance Fund. 4. As stipulated in Article 3 of the Rules of Procedure of the Court’s Assistance Fund, on receiving a request to use these resources, the Secretariat of the Court must conduct a preliminary review of the request for assistance and require the requesting party to present any additional background information required for the request to be submitted to the consideration of the President of the Court, who will assess the petition and take the pertinent decision within three months of receiving all the required information. 5. The representatives requested the Fund “to cover specific costs related to the production of evidence in the proceeding of this case before the Court,” specifically those expenses related to flight, accommodations, and food for victims, witnesses, and expert witnesses accepted by the Court, as well as expenses in regard to the “formalization of affidavits to notarize the testimony and expert opinions in Peru. On the other hand, they noted that “there are a series of expenses that the representatives can cover at this stage of the proceeding before the Court, and that the victim’s did not include in the request for the Fund,” 6 but they requested reimbursement for the representatives at the end of the proceeding. 1 AG/RES. 2426 (XXXVIII-O/08) Resolution adopted by the General Assembly of the OAS during its XXXVIII Period of Regular Sessions of the OAS, in 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). 2 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.” 3 AG/RES. 2426 (XXXVIII-O/08), supra note 2, operative paragraph 2(a), and Resolution CP/RES. 963 (1728/09), supra note 2, Article 1(1). 4 Rules of procedure of the Inter-American System’s Assistance Fund, supra note 3, article 2(1). 5 Rules of procedure of the Inter-American Court of Human Rights on the Operation of the Victims’ Legal Assistance Fund approved by the Court on February 4, 2010, Article 1. 6 These expenses are: “Airplane flight, accommodations per diem of the APRODEH attorneys where the public hearing will be held; logistic expenses during the preparation and time of the hearing (photo copies, telephone calls, work materials and other necessary costs)”. 2