84.
In 2008, the General Assembly of the Organization of American States created the
Inter-American Court of Human Rights Legal Assistance Fund with the "objective [to]
provide access to the Inter-American System of human rights to those persons who
currently do not have the resources to bring their cases before the system.” 68 In this case,
during the monitoring compliance with judgment stage, Mrs. Feria Tinta, victim and common
intervener of the representatives of the victims and their next of kin, sought support from
the Court’s Legal Assistance Fund to appear at the hearing of monitoring of compliance at
the headquarters of the Court on August 19, 2013.
85.
By way of an Order of the President in this case dated July 29, 2013, 69 authorization
was granted for the Fund to cover the reasonable costs of travel, accommodation and meals
and other necessities for Mrs. Feria Tinta to appear at the private hearing for monitoring of
70
The State had the opportunity to submit its
compliance (supra Having Seen clause 19).
observations regarding the expenditures made in connection with the appearance at the
private hearing, which amounted to the sum of US$2,756.29 (two thousand seven hundred
fifty-six dollars and twenty cents of the United States of America). Peru did not submit
observations.
86.
Accordingly, it falls on the Court, pursuant to Article 5 of the Fund’s Rules of
Procedure, to assess the admissibility of ordering the respondent State to reimburse the
Legal Assistance Fund for the expenditures incurred. On the grounds that the State has not
given Mrs. Feria Tinta the amount ordered in the Judgment in this case by way of
reimbursement of costs and expenses (supra Considering clause 83) and that this amount
does not include future costs that the victims may incur in the monitoring of compliance
stage, the Court orders the State to reimburse said Fund in the amount of US$2,756.29 (two
thousand seven hundred fifty-six dollars and twenty cents of the United States of America)
for expenses incurred. This amount should be reimbursed to the Court within ninety days
from the notification of this Order.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its decisions, in accordance with
Articles 33, 62(1), 62(3), and 68(1) of the American Convention on Human Rights, 24 and
30 of the Statute, and 31(2) and 69 of its Rules of Procedure,
DECIDES TO:
68
AG/RES. 2426 (XXXVIII-O/08), Order adopted by the General Assembly of the OAS during a celebration
held in the XXXVIII Ordinary Period of Sessions of the OAS, in the 4th plenary session, held on June 3, 2008,
“Establishment of the Legal Assistance Fund of the Inter-American System of Human Rights,” Operative Paragraph
2(a), and CP/RES. 963 (1728/09), Order adopted on November 11, 2009 by the Permanent Council of the OAS,
“Rules of Procedure for the Operation of the Legal Assistance Fund of the Inter-American System of Human
Rights,” Article 1(1).
69
Cf. Case of Miguel Castro Castro Prison V. Peru. Order issued on July 29, 2013 by the Acting President of
the Inter-American Court of Human Rights. Victim’s Legal Assistance Fund, Considering clauses 7 to 19, and
operative paragraph 1.
70
In the Order issued on September 2, 2010, the Court ruled on the scope of its power to consider,
exceptionally, requests for assistance by the Fund outside of the framework regarding the merits of the contentious
case. Cf. Case of Miguel Castro Castro Prison V. Peru. Order of the Inter-American Court of Human Rights of
September 2, 2010, Considering clause 16.
34
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