of US$ 10,000.00 (ten thousand United States dollars) to FAMDEGUA and US$ 10,000.00 (ten
thousand United States dollars) to CEJIL. These amounts must be delivered directly to each of the
organizations representing the victims. The Court also clarifies that, during the procedure of
monitoring compliance with this judgment, it may order the State to reimburse the victims or their
representatives any reasonable expenses in which they incur at that procedural stage.
J. Reimbursement of expenses to the Victims’ Legal Assistance Fund of the InterAmerican Court
183. In 2008, the General Assembly of the Organization of American States established the Legal
Assistance Fund of the Inter-American Human Rights System “to facilitate access to the interAmerican human rights system by persons who currently lack the resources needed to bring their
cases before the system.”246
184. In a note of the Court’s Secretariat of September 3, 2021, a report was sent to the State on
the disbursements made in application of the Victims’ Legal Assistance Fund in this case, which
amounted to US$ 1,578.11 (one thousand five hundred and seventy-eight United States dollars and
eleven cents) and, as established in article 5 of the Court’s Rules for the Operation of this Fund,
Guatemala was granted a time frame for presenting any comments that it deemed pertinent. The
State presented its comments on September 16, 2021, questioning the need to pay for the
accommodation of Francisco Batres, victim in this case, and his travel expenses to the department
of Guatemala to take part in the hearing held in this case. Regarding the expense of psychosocial
support, the State indicated that the representatives had not requested this in their pleading and
motions brief.
185. With regard to the State’s arguments, the Court recalls, first, that the Rules of the Victims’
Legal Assistance Fund establish that the request for access to the Fund must be made in the pleadings
and motions brief, and the representatives complied with this requirement. Subsequently, with their
definitive lists of October 27, 2020, and before the Court had taken a decision on the admissibility of
the request, the representatives asked whether the victims who would make statements during the
public hearing to be held before the Court could have professional psychosocial support because their
statements would have “significant emotional impact.” Consequently, in a Secretariat note of
December 8, 2020, it was decided to declare the alleged victims’ request to access the Victims’ Legal
Assistance Fund admissible, and that the necessary financial support would be granted from the Fund
to cover the expenses of the presentation of a maximum of five deponents, either at the hearing or
by affidavit. Therefore, in an order of December 15, 2020, the President established that the financial
assistance would be assigned, among other matters, to cover the costs of the statements of alleged
victims Francisco Batres Álvarez and María Fidelia Quevedo Bolaños, “so that they would appear
virtually before the Court and provide their statements during the public hearing to be held in this
case.”247 The said order also specified that those expenses would include the “transfer to a place with
the necessary technical equipment and assistance for them to be able to provide their statements by
virtual means, as well as the pertinent psychosocial assistance.”248 On this basis, the Court considers
AG/RES. 2426 (XXXVIII-O/08), Resolution adopted by the XXXVIII General Assembly of the OAS, at 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(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).
246
Cf. Case of the Village of Los Josefinos Massacre v. Guatemala. Call to a hearing. Order of the President of the InterAmerican Court of Human Rights of December 15, 2020, considering paragraph 35.
247
Cf. Case of the Village of Los Josefinos Massacre v. Guatemala. Call to a hearing. Order of the President of the InterAmerican Court of Human Rights of December 15, 2020, considering paragraph 35.
248
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