the Court or whether, if they were admitted, they would be called on to testify in person or
before notary public. Likewise, they were unaware of the place where the Court will decide
to convene the eventual hearing of the case, so that “the travel expenses could vary
considerably.” Consequently, they asked the Court that, if it accepted their request, it do so
taking into account “the testimony and expert opinions that it decides to admit in its order
[under] Article 50 of the [Court’s] Rules of Procedure,” and if the Court accepts the request
in part, that it indicate the number of testimonies and expert opinions that will be covered
by the Fund.
11.
Nevertheless, the representatives presented an estimate of the expenses to be
covered by the Fund for the appearance of the deponents at an eventual public hearing at
the seat of the Court. Under this hypothesis, the representatives estimated a total of
approximately US$19,783.00 (nineteen thousand seven hundred and eighty-three United
States dollars) for nine deponents and five expert witnesses. Should the Fund cover the
production of sworn statements, they stated that “the production before notary public in
Venezuela of the affidavits with the testimonies and expert opinions would have a variable
additional cost, which has not been included in the calculation of the expenses.”
12.
First, the President confirms that the request to use the Court’s Assistance Fund was
made at the appropriate occasion in the pleadings and motions brief (supra having seen
paragraph 2). In this regard, he notes that, at that time, the representatives made a
request on behalf of the presumed victims, because they are the ones who should benefit
from the Fund.
13.
In addition, the President takes note of the lack of financial resources alleged by the
presumed victims and finds that the statement signed by Eloísa Barrios and the report of
the independent public accountant prove this (supra fifth and eighth considering
paragraphs).
14.
Furthermore, the President observes that the presumed victims have requested
assistance from the said Fund to cover costs related to the production of evidence before
the Court; specifically for the presentation of testimony, either during the public hearing or
by means of affidavits (supra tenth considering paragraph). He also takes note of the
representatives’ observation that they were unable to determine precisely the expenditure
that this would require during this stage of the proceedings before the Court, even though
they have presented an estimate with regard to the public hearing.
15.
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.
Consequently, in each specific 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
16.
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.
17.
Based on the foregoing considerations, the President finds admissible the presumed
victims’ request to use the Court’s Legal Assistance Fund to cover expenses relating to the
adequate appearance of deponents and presentation of testimony to the Court. In this
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