created “to facilitate access to the inter-American human rights system by persons who currently lack the resources needed to bring their cases before the system.” 3 According to the Rules of Procedure adopted by the Permanent Council in November 2009, 4 the InterAmerican System’s Assistance Fund has two separate accounts: one corresponding to the Inter-American Commission and the other to the Inter-American Court. As regards the financing of the Inter-American System’s Assistance Fund, currently this depends on “voluntary capital contributions from the Members States of the OAS, the Permanent Observer States, and other States and donors that may wish to collaborate with the Fund.” 5 In addition, according to article 4 of the Rules of Procedure approved by the Permanent Council, it corresponded to the Court to establish the formal requirements for eligibility to request assistance, and also the approval procedure. 3. Consequently, on February 4, 2010, the Court adopted the Rules of Procedure of the Court’s Assistance Fund, which came into force on June 1, 2010, with the purpose of “regulat[ing] the operation of, and access to, the Victims' Legal Assistance Fund […] for the litigation of cases before it.” 6 As established in these Rules of Procedure, in order to use this Fund, a presumed victim must fulfill three requirements: (1) request this in the brief with pleadings, motions and evidence; (2) prove, by means of a sworn affidavit and other appropriate evidence that satisfies the Court, that they lack sufficient financial resources to cover the costs of litigation before the Inter-American Court, and (3) indicate precisely the aspects of their participation in the proceedings that require the use of the resources of the Court’s Assistance Fund. 4. As stipulated in article 3 of the Rules of Procedure of the Court’s Assistance Fund, on receiving a request to use these resources, the Secretariat of the Court must conduct a preliminary review of the request for assistance and requires the requesting party to present any additional background information required for the request to be submitted to the consideration of the President of the Court, who will assess the petition and take the pertinent decision within three months of receiving all the required information. 5. The President observes that, regarding the request for resources from the Court’s Assistance Fund, the representatives forwarded, together with the attachments to the pleadings and motions brief received on April 1, 2011, a receipt for Mr. Fornerón’s salary corresponding to January 2011, a sworn statement by Mr. Fornerón regarding the income he receives from his salary, and institutional documentation on the Centro de Estudios Sociales y Políticos para el Desarrollo (hereinafter also “CESPPEDH”) corresponding to: (i) minutes of the organization’s assembly held on March 26, 2010; (ii) a treasurer’s report of December 31, 2009; (iii) a document on the organization’s assets at December 31, 2009, and (iv) other financial statements. 6. The representatives based their request on “the lack of sufficient resources to cover the costs of the litigation before Court” (supra having seen paragraph 2). In this regard, they attached a sworn statement by Mr. Fornerón, in which he indicated his monthly income, which also appears on the salary voucher for January 2011, provided by the 3 AG/RES. 2426 (XXXVIII-O/08), supra note 2, operative paragraph 2(a), and Resolution CP/RES. 963 (1728/09), supra note 2, article 1(1). 4 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.” 5 Rules of procedure of the Inter-American System’s Assistance Fund, supra note 4, article 2(1). 6 Rules of procedure of the Inter-American Court of Human Rights on the Operation of the Victims’ Legal Assistance Fund approved by the Court on February 4, 2010, Article 1. 2

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