appropriate to convene a public hearing to hear the statements of Noclair Florvilien
and Joshua Maxime proposed by representatives, as well as the expert opinions of
Doudou Diene and Gay McDougall, proposed by the Commission.
3. Incorporation of the expert opinion rendered in the case of Yean and Bosico V.
the Dominican Republic
18.
In its brief submitting the case, the Commission requested that the expert
opinion given by Mr. Samuel Martinez in the Case of Yean and Bosico v. Dominican
Republic be incorporated into the case file, where pertinent (supra Having Seen clause
1). The State and the representatives had no observations. In view of this, the
President considers that the anthropological expert opinion can provide the Court with
more elements in regard to the context of people of Haitian origin in the Dominican
Republic. In this regard, it provides that this expert opinion be incorporated into this
case, in order for it to be analyzed, where it so corresponds, in the context of the
existing body of evidence under the rules of sound judgment. While it is documentary
evidence, the State and the representatives may refer to this expert opinion in their
final arguments.
C. Application of the Victim’s Legal Assistance Fund
19.
In the Order adopted by the President on December 1, 2011 (supra Having
Seen clause 6), the decision was made to declare admissible the request filed by the
alleged victims, by way of their representatives, to benefit from the Assistance Fund of
the Court, so as to grant the financial assistance necessary for the presentation of a
maximum of three statements, whether by affidavit or at the public hearing, and the
attendance of one of the representatives.
20.
Having determined that the statements provided by the representatives will be
received by the Court and the means by which they will be carried out, it is now
necessary to specify the amount, allocation, and specific purpose of such assistance.
21.
In this regard, the President provides that the financial assistance will be
allocated to cover the travel and accommodation expenses necessary for Messrs.
Noclair Florvilien and Joshua Maxime, and a representative to appear before the Court
and to render their statements at the public hearing to be held in the city of San Jose,
Costa Rica. Moreover, financial assistance will be provided to cover the costs of
formalization and delivery of a statement rendered by affidavit, as determined by the
alleged victims or their representatives, according to the provisions of operative
paragraph 1 of this Order. The representatives shall report to the Court the name of
the declarant whose affidavit will be covered by the Assistance Fund, and submit a cost
estimate for the formalization of the sworn statement in Haiti or the Dominican
Republic and its delivery, within the period of time established in the operative
paragraphs of this Order. As for the three people summoned to the public hearing, the
Court will take the pertinent and necessary steps to cover travel, accommodation and
meals for those declarants with funds from the Victim’s Assistance Fund.
22.
Pursuant to the requirement of Article of the Rules of Procedure for the
Operation of the Assistance Fund (hereinafter “Rules of Procedure of the Assistance
Fund”), it provides that the Secretariat will open a case file on expenses in order to
keep an accounting and document each of the expenditures that will be made in regard
to the Fund.
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