representatives. In addition, the institutional documents with the financial statements and
statement of assets of CESPPEDH indicated the amount corresponding to the losses incurred
by the organization in 2009.
7.
First, the President has verified that the request to use the Court’s Assistance Fund
was presented on the appropriate occcasion with the pleadings and motions brief (supra
having seen paragraph 2). However, he notes that the representatives made the request on
behalf of the presumed victim and of themselves to cover the costs of the litigation. In this
regard, the President emphasizes that it has already been indicated that it is the presumed
victims “who should benefit from the [Assistance] Fund.” 7
8.
To this end, the President considers sufficient the sworn statement provided by Mr.
Fornerón and the salary voucher (supra fifth considering paragraph) as evidence of his lack
of financial resources to pay certain costs of the litigation of this case before the InterAmerican Court. In addition, he takes note of the institutional documents provided by the
representatives.
9.
The request to benefit from the Court’s Assistance Fund was presented to cover the
costs of travel, transfers, accommodation and meals in San José of the presumed victim,
Mr. Fornerón, and of Gustavo Fabián Baridón, both proposed by the representatives to
provide testimonial evidence in their pleadings and motions brief, as well as to ensure the
presence of both representatives, Margarita Nicoliche and Susana Terenzi, in the eventual
public hearing held in this case.
10.
The President recalls that the Court’s Assistance Fund is made up of voluntary
contributions from cooperating sources (supra second considering paragraph), and that
these limited resources are insufficient to cover all the expenses relating to the appearance
and eventual presentation of evidence before the Court by the presumed victims and their
representatives. Consequently, in each case, the President must assess the request for
assistance in relation to the available funds, taking into account the needs for assistance
that could arise in other cases before the Court, in order to ensure the proper administration
and fair distribution of the Fund’s limited resources.
11.
The President takes note that, at the current stage of the proceedings, it has not
been determined which of the testimonies offered by the representatives will be received by
the Court, or in what form they will be received.
12.
Based on the foregoing considerations, the President finds the request of the
presumed victims, through their representatives, to use the Legal Assistance Fund of the
Court admissible. In view of the resources currently available in the Fund, the presumed
victims will be awarded the necessary financial assistance for the presentation, charged to
the Fund, of a maximum of two testimonies either by affidavit or at the public hearing, and
for the appearance of one of the representatives at the public hearing convened in this case.
In addition, the President finds it appropriate to postpone the determination of the specific
purpose and object of the financial assistance that will be provided to the presumed victims
until such time as the President, or the Court, rules on the admissibility and relevance of the
testimonial and expert evidence offered, and the opening of the oral proceedings, in
accordance with Article 50(1) of the Court’s own Rules of Procedure, in order to be certain
7
Case of Contreras et al. v. El Salvador. Request presented by the presumed victims. Resolution of the
President of the Inter-American Court of Human Rights of March 4, 2011, ninth considering paragraph.
3