30.
As to the connection between the joint expert opinion of Luis Fondebrider, Silvana
Turner and Mercedes C. Doretti and the expert opinion of Tal Linda Ileen Simmons, the
President emphasizes the considerations regarding the object of the expert opinion offered
by the Commission inasmuch as it concerns the Inter-American public order (supra
Considering paragraph 21). From a comparison of the objects of the two expert opinions, it
may be concluded that both analyze relevant aspects of the standards for carrying out
exhumations in cases of human rights violations and, therefore, pursuant to Articles 50.5
and 52.3, the Court accepts that the Commission may question the expert witnesses Luis
Fondebrider, Silvana Turner and Mercedes C. Doretti, whose joint opinion shall be received
by affidavit, given that these questions could affect the Inter-American public order.
31.
Regarding the connection between the proposed expert opinion of Salvador Eduardo
Menéndez Leal and the object of the expert opinion of Michael Reed Hurtado, the President
refers to the considerations stated previously in ruling on the inadmissibility of this last
expert opinion, inasmuch as it is not clear that its object would significantly affect the InterAmerican public order (supra Considering paragraph 19), and therefore he considers that it
is not appropriate to analyze this point of the Commission’s request.
e)
Application of the Victims’ Legal Assistance Fund
32.
The Order adopted by this Presidency on December 1, 2011 (supra Having seen 4),
declared admissible the request submitted by the alleged victims, through their
representatives, to have recourse to the Victims’ Legal Assistance Fund of the InterAmerican Court of Human rights, so that the necessary financial assistance would be
granted for the presentation of a maximum of four testimonies, either by affidavit or at a
hearing.
33.
Having determined that the statements offered by the representatives shall be
received by the Court and the means by which these shall be obtained, it is now appropriate
to determine the specific amount, recipients and purpose of said assistance. As stated in the
aforementioned Order of the President, in this case, the financial assistance necessary shall
be granted for the presentation of a maximum of four testimonies.
34.
Accordingly, the President orders that financial assistance be granted to cover the
travel and accommodation expenses of Mrs. Dorila Márquez de Márquez, María del Rosario
López Sánchez, María Margarita Chicas Márquez and María Sol Yáñez de la Cruz so that they
may appear before the Court and render their testimonies at the public hearing to be held in
the city of Guayaquil, Republic of the Ecuador. As to the four persons appearing at the
public hearing, the Court shall take the appropriate and necessary steps to cover the costs
of travel, board and lodging for these declarants with resources from the Victims’ Assistance
Fund.
35.
As required by Article 4 of the Court’s Rules for the Operation of the Victims’ Legal
Assistance Fund (hereinafter the “Rules of the Assistance Fund”), the Secretariat shall open
a file of expenditures for accounting purposes, which shall contain a record of each
expenditure made from said Fund.
36.
Finally, the President recalls that, pursuant to Article 5 of the Rules of the Fund, the
Court shall inform the respondent State of the expenditures made from the Victims’ Legal
Assistance Fund, so that the State may submit its observations, if it so wishes, within the
established time limit.
10