Permanent Council to draw up the corresponding regulations. 2 The Assistance Fund was created in order 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 provisions of the Rules of Procedure adopted by the OAS Permanent Council in November 2009, 4 the Assistance Fund of the Inter-American System has two separate accounts: one corresponding to the Inter-American Commission and the other to the InterAmerican Court. The financing of the Assistance Fund of the Inter-American System, depends on “[v]oluntary capital contributions from the Member States of the OAS, the permanent observer States, and other States and donors that may wish to collaborate with the Fund.” 5 Also, according to article 4 of the Rules of Procedure approved by the Permanent Council, it was left to the Court to regulate the eligibility requirements in order to request assistance, as well as the procedure for the approval of this assistance. 3. In accordance with the above, on February 4, 2010, the Court adopted the Rules for the Operation of the Victims’ Legal Assistance Fund, (hereinafter “the Rules of the Assistance Fund”), 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 Court].” 6 As these Rules establish, in order for presumed victims to have access to this Fund, they must meet three requirements: (i) request this in their pleadings, motions and evidence brief; (2) prove, by means of a sworn statement or other appropriate probative means that satisfy the Court, that they lack sufficient financial resources to cover the costs of the litigation before the Inter-American Court, and (3) indicate precisely which aspects of their defense in the proceedings require the use of resources from the Assistance Fund. 7 4. As stipulated in article 3 of the Rules of the Court’s Assistance Fund, following a request to use its resources, the Secretariat of the Court will conduct a preliminary review and will require the applicant to forward any information needed to complete the file and submit this to the President, together with the application. The President of the Court will evaluate the application and take the pertinent decision within three months of receiving all the required information. 5. In the instant case, the representatives advised that the presumed victims’ next of kin wished to have access to the Court’s Assistance Fund because “[s]ince the [alleged] disappearance of the children in this case, […] they have taken a series of steps in order to determine the whereabouts of their family members, to seek the truth, and for an investigation into the events and those who perpetrated the disappearance.” Consequently, “they have had to incur expenses that exceeded their budget [and, c]urrently, their financial situation is very limited, and this prevents them from assuming the expenses required by previous proceedings, as well as those that the actual proceedings before this Court could generate.” 2 Cf. AG/RES. 2426 (XXXVIII-O/08), Resolution adopted by the thirty-eighth General Assembly of the OAS, during the fourth plenary session, held on June 3, 2008, “Creation of the Legal Assistance Fund of the InterAmerican Human Rights System,” operative paragraph 2(b). 3 AG/RES. 2426 (XXXVIII-O/08), supra, note 2, operative paragraph 2(a), and CP/RES. 963 (1728/09), Resolution adopted by the OAS Permanent Council on November 11, 2009, “Rules of Procedure for the Legal Assistance Fund of the Inter-American Human Rights System.” article 1(1). 4 Cf. Resolution CP/RES. 963 (1728/09), supra note 3, article 3(1). 5 Resolution CP/RES. 963 (1728/09), supra note 3, article 2(1). 6 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. 7 Cf. Rules of the Assistance Fund, supra note 6, article 2. 2