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

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