6.
In accordance with the above, on February 4, 2010, the Court adopted its Rules for
the Operation of the Victims’ Legal Assistance Fund (hereinafter “the Rules of the Assistance
Fund”), which have been in force since June 1, 2010, in order to “regulate the operation of,
and access to, the […] Fund […] for the litigation of cases before [the Inter-American
Court].” 8 Article 5 of these Rules, with regard to “Reimbursement of costs to the Victims’
Legal Assistance Fund,” indicates that “[t]he Court shall evaluate in its judgment whether to
order the respondent State to reimburse expenditures made from the Legal Assistance Fund
of the Inter-American Court of Human Rights.” Consequently, the reimbursement to the
Legal Assistance Fund of the amounts ordered by the Inter-American Court within the time
frame established by the Court forms part of compliance with the Court’s judgments.
7.
In view of the violations declared in the Judgment, and based on the provisions of
article 5 of the Rules of the Legal Assistance Fund, the Court ordered the State to reimburse
the Fund the sum of USS9,046.35 (nine thousand and forty-six United States dollars and
thirty-five cents), for the expenses incurred to ensure the appearance at the public hearing
held in this case of one presumed victim and one of the representatives, as well as for the
expenses of preparing and delivering an affidavit made by one witness. This amount should
have been reimbursed within 90 days of notification of the said Judgment. However, this
time frame expired on August 30, 2012, and, at the date of the issue of this Order, the
State has not yet complied with the reimbursement ordered (supra having seen paragraphs
1 and 5).
8.
According to the eighth operative paragraph of the Judgment, the State should have
provided the Court with a report on the measures adopted to comply with it within one year
of notification of the Judgment. Argentina presented the said report on July 5, 2013. In this
report, the State did not refer specifically to the measures adopted to comply with the
reimbursement of the amount corresponding to the Legal Assistance Fund. However, in
general, it indicated that it “was waiting for information on the pecuniary aspects of the
Judgment from the agencies with primary competence in this regard, and the Court would
be advised in this regard as soon as possible.” It is not clear to the Court whether this
general reference to “the pecuniary aspects of the Judgment” includes the reimbursement of
the amount corresponding to the Court’s Assistance Fund. Nevertheless, the Court notes
that the State has not yet reimbursed the amount ordered in the Judgment to the Legal
Assistance Fund even though almost a year has passed since the respective time frame
expired.
9.
Currently, the resources available in the Court’s Assistance Fund are limited. In this
regard, the Court underscores that it was the OAS itself that found it pertinent to create the
Legal Assistance Fund in order to benefit presumed victims; the Fund is therefore addressed
to the latter. 9 Hence, its satisfactory operation and the availability of its resources are
designed to ensure access to inter-American justice to those presumed victims who lack the
required financial resources. Consequently, the failure of States to comply promptly with
reimbursement to the Legal Assistance Fund of the amount ordered in the corresponding
judgments directly affects its sustainability and, above all, the presumed victims’ access to
justice before the Court.
8
Rules of the Inter-American Court of Human Rights for the Operation of the Victims’ Legal Assistance
Fund, approved by the Court on February 4, 2010, article 1.
9
Cf. Case of Contreras et al. v. El Salvador. Order of the President of the Court of March 4, 2011, ninth
considering paragraph, and Case of Osorio Rivera et al. v. Peru. Order of the acting President of the Court of March
12, 2013, ninth considering paragraph.
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