9.
Likewise, the Court established the possibility, as an exception, of considering
the admissibility of a request for support from the Assistance Fund outside the
framework of the litigation on the merits of contentious cases, in the following terms:
the Court is aware that the amounts ordered for costs and expenses in the Judgment issued
by the Court in [the] case [of the Miguel Castro Castro Prison] did not include future
expenses that the victims or their representatives might incur during the stage of monitoring
compliance with judgment, and that Article 69(3) of the Court’s current Rules of Procedure
allow the Court to summon hearings during that stage to evaluate the status of compliance
with the judgment. Thus, the Court may consider requests for resources from the Assistance
Fund outside the framework of the litigation of the merits of contentious cases, provided that
the expenses are reasonable and necessary, and duly proven, so that the victims or their
representatives who can demonstrate a lack of sufficient economic resources can attend a
future hearing. 10
10.
It is important to emphasize that, as the Court pointed out, the possibility that
the Court or its President might consider the admissibility of a request for support from
the Assistance Fund outside the framework of the litigation on the merits of
contentious cases “will depend on the resources available in the Assistance Fund at the
time when the request is submitted.” Therefore, the request “shall be assessed
specifically, bearing in mind that the Fund is primarily intended to give preference to
requests related to the litigation of contentious cases prior to the issuance of the
Judgment.”
11.
On this occasion, having regard to the resources currently available in the
Assistance Fund, the Acting President deems it feasible to consider the request for
assistance submitted by Mrs. Feria Tinta in the current stage of monitoring compliance
with judgment, since this would not impair the attention given to requests for support
from the Assistance Fund to cover costs related to an effective appearance and
presentation of evidence at hearings before the Court in contentious cases currently at
the stage of merits, and possible reparations and costs.
12.
During the stage of monitoring compliance in the Case of the Miguel Castro
Castro Prison two other factors arise which together influence the acting President’s
decision to consider the aforementioned request for support from the Assistance Fund.
The first is that the sum ordered by the Court in the Judgment for reimbursement of
costs and expenses did not include any future expenses that might be incurred by
victims in the stage of monitoring compliance with judgment. This Presidency also
takes into account the fact that, according to the reports submitted by the State during
the stage of monitoring compliance with judgment and the corresponding observations,
more than six years have elapsed since the Judgment was issued, and Peru has not
made any payment whatsoever to Mrs. Monica Feria Tinta as reimbursement for the
costs and expenses ordered in paragraphs 456 and 464 of the Judgment. From that
information it is also clear, prima facie, that Peru has not paid any of the compensation
for pecuniary and non-pecuniary damages ordered in Operative Paragraphs 18 to 23 of
the Judgment.
13.
In order to assess the admissibility of the request submitted by Mrs. Feria Tinta,
this Presidency shall now determine whether the requirements established by the
Court have been fulfilled (supra Considering para. 9).
10
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. 16.
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