CONSIDERING THAT:
1.
Venezuela is a State Party to the American Convention on Human Rights
(hereinafter “the American Convention” or “the Convention”) since August 9, 1977 and
recognized the contentious jurisdiction of the Court on June 24, 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 entrusted its regulation to the Permanent Council of the OAS 2. Said
Assistance Fund was created to “facilitate access to the inter-American human rights
system by persons who currently lack the resources needed to bring their cases before
it 3. In accordance with the Rules of Procedure adopted by the Permanent Council of
the OAS in November 2009 4, the Assistance Fund of the Inter-American System
maintains two separate accounts: one for the Inter-American Commission and the
other for the Court. As to the financing of the Assistance Fund of the Inter-American
System, this is currently comprised of “voluntary 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. Likewise, pursuant to Article 4 of
the Rules of Procedure approved by the Permanent Council, the Court shall determine
the eligibility requirements for requesting assistance as well as the procedure for
approving such assistance.
3.
Accordingly, on February 4, 2010 the Court adopted the Rules for the Operation
of the Assistance Fund, (hereinafter the “Rules of the Assistance Fund”), which
entered into force on June 1, 2010, and whose purpose is to “regulate the operation
of, and access to, the […] Fund, for the litigation of cases before it” 6. As established
therein, alleged victims wishing to have access to the Fund must follow three steps: 1)
request assistance in the written brief containing pleadings, motions and evidence; 2)
demonstrate, by means of a sworn affidavit and other probative evidence that will
satisfy the Court, that they lack the financial resources needed to cover the cost of
litigation before the Inter-American Court, and 3) state precisely the aspects of their
participation in the proceedings that require the use of resources of the Court’s Legal
Assistance Fund.
4.
As stipulated in Article 3 of the Court’s Assistance Fund, in response to a
request to have recourse to the Fund’s resources, the Secretariat of the Court shall
conduct a preliminary review of the request for assistance and shall require the
2
Cf. AG/RES. 2426 (XXXVIII-O/08) Resolution adopted by the General Assembly of the OAS during
the Thirty-eighth Regular Session of the OAS, at the fourth plenary session, held on June 3, 2008,
“Establishment of the Legal Assistance Fund of the Inter-American Human Rights System,” operative
paragraph 2.b.
3
AG/RES. 2426 (XXXVIII-O/08) supra note 2, operative paragraph 2.a, and Resolution CP/RES. 963
(1728/09), adopted on November 11, 2009 by the Permanent Council of the OAS, “Rules for the Operation
of the Victims’ Legal Assistance Fund of the Court Inter-American Court of Human Rights”, Article 1.1.
4
CP/RES. 963 (1728/09), supra note 3, Article 3.1.
5
CP/RES. 963 (1728/09), supra note 3, Article 2.1.
6
Rules for the Operation of the Victims’ Legal Assistance Fund of the Inter-American Court of Human
Rights, approved on February 4, 2010, Article 1.
2