from Member States of the OAS, the Permanent Observer States, and other States and
donors that may wish to collaborate with the Fund.” 4
5.
As stipulated in Article 3 of the Rules of the Inter-American Court on the
Operation of the Victims’ Legal Assistance Fund 5 (hereinafter the “Rules of the
Assistance Fund”), the request for assistance was submitted by the Secretariat of the
Court to the consideration of the acting President of the Court who is to decide this
matter.
6.
According to Article 2 of the Rules of the Fund, alleged victims wishing to have
access to the Fund must follow three steps: 1) request assistance in the brief
containing pleadings, motions and evidence; 2) demonstrate, by means of a sworn
affidavit and other probative evidence that will satisfy the Court, that they lack the
financial resources needed to cover the cost of litigation before the Inter-American
Court, and 3) state precisely the aspects of their participation in the proceedings that
require the use of resources of the Court’s Legal Assistance Fund.
7.
Article 6 of the Rules of the Assistance Fund establishes that “The Court shall
decide matters not governed by these Rules and questions regarding their
interpretation” Accordingly, the Court issued a ruling on September 10, 2010 in
relation to a request for support from the Assistance Fund submitted during the stage
of monitoring compliance with judgment in this case. In that ruling, the Court defined
the scope of its authority to consider, exceptionally, requests for support from the
Assistance Fund outside the context of litigation on the merits of contentious cases 6.
8.
In the Order of September 10, 2010, the Court stated that, pursuant to Article
2 7 of the Rules of the Assistance Fund, the Fund’s resources are used to cover the cost
of litigation before the Court during the processing of a contentious case prior to
delivery of the judgment. Accordingly, the Acting President reiterates that the rules
and the funds available from the Victims’ Assistance Fund are aimed at covering
expenses that could arise during the litigation of the merits and possible reparations
and costs in contentious cases before the Court pending a decision, with priority given
to expenses related to an effective appearance and presentation of evidence at
hearings before the Court. 8 The Acting President further recalls that the Assistance
Fund of the Court does not receive resources form the OAS’ regular budget, but rather
is comprised of voluntary contributions (supra Considering para. 4) 9.
4
Cf. Resolution CP/RES. 963 (1728/09), supra note 1, Article 2(1).
5
Rules for the Operation of the Victims’ Legal Assistance Fund of the Inter-American Court of Human
Rights, approved on February 4, 2010. These Rules entered into force on June 1, 2010, and their purpose is
to “regulate the operation of and access to the Fund […], for the litigation of cases before it.”
6
Cf. Case of the Miguel Castro Castro Prison v. Peru. Order of the Inter-American Court of Human
Rights of September 2, 2010.
7
Article 2 stipulates that alleged victims wishing to access the Fund must inform the Court in the
respective brief containing pleadings, motions and evidence.
8
Cf. Case of the Miguel Castro Castro Prison v. Peru. Order of the Inter-American Court of Human
Rights of September 2, 2010, Considering para. 15.
9
Cf. 2012 Annual Report of the Inter-American Court of Human Rights, page 87.
3