CONSIDERING THAT:
1.
Honduras has been a State Party to the American Convention on Human Rights
(hereinafter “the American Convention” or “the Convention”) since September 8, 1977, and
accepted the contentious jurisdiction of the Court on September 9, 1981.
2.
In 2008, the General Assembly of the Organization of American States (hereinafter “the
OAS”) created the Legal Assistance Fund of the Inter-American Human Rights System
(hereinafter “the Assistance Fund of the Inter-American System”) and commissioned the OAS
Permanent Council to draw up the corresponding regulations. 1 The latter adopted the
corresponding Rules of Procedure in November 2009. 2 This 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, the
Assistance Fund of the Inter-American System has two separate accounts: one corresponding
to the Inter-American Commission and the other to the Inter-American 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.” 4 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, 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 Court].” 5 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.
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, if
appropriate, require the applicant to forward any information needed to complete the file in
order to submit this to the President. The Secretariat will then submit the request to the
consideration of the President of the Court, who will evaluate the application and take the
pertinent decision within three months of receiving all the required information.

1
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 Inter-American Human
Rights System,” operative paragraph 2(b).
2
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.”
3
AG/RES. 2426 (XXXVIII-O/08), supra, note 2, operative paragraph 2(a), and CP/RES. 963 (1728/09), supra
note 3, article 1(1).
4

Rules of Procedure for the Assistance Fund of the Inter-American System, supra note 3, article 2(1).

5

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.

2

Select target paragraph3