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 Rules of Procedure adopted by the Permanent Council in November 2009, 4 the InterAmerican 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.” 5
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
Court’s Assistance Fund, which came into force on June 1, 2010, with the purpose of
“regulat[ing] the operation of, and access to, the Victims' Legal Assistance Fund […] for the
litigation of cases before it.” 6 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
Court’s 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 requires 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 President observes that, regarding the request for resources from the Court’s
Assistance Fund, the representatives forwarded, together with the attachments to the
pleadings and motions brief received on April 1, 2011, a receipt for Mr. Fornerón’s salary
corresponding to January 2011, a sworn statement by Mr. Fornerón regarding the income
he receives from his salary, and institutional documentation on the Centro de Estudios
Sociales y Políticos para el Desarrollo (hereinafter also “CESPPEDH”) corresponding to: (i)
minutes of the organization’s assembly held on March 26, 2010; (ii) a treasurer’s report of
December 31, 2009; (iii) a document on the organization’s assets at December 31, 2009,
and (iv) other financial statements.
6.
The representatives based their request on “the lack of sufficient resources to cover
the costs of the litigation before Court” (supra having seen paragraph 2). In this regard,
they attached a sworn statement by Mr. Fornerón, in which he indicated his monthly
income, which also appears on the salary voucher for January 2011, provided by the
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
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.”
5
Rules of procedure of the Inter-American System’s Assistance Fund, supra note 4, article 2(1).
6
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.
2