of US$9,000.00 (nine thousand United States dollars) for costs and expenses in favor of
REDRESS; a total of US$3,000.00 (three thousand United States dollars) for costs and
expenses in favor of CNDDHH, and a total of US$14,000.00 (fourteen thousand United States
dollars) for costs and expenses in favor of Promsex. These amounts shall be delivered directly
to the said organizations. At the stage of monitoring compliance with this judgment, the Court
may determine that the State reimburse the victims or their representatives any reasonable
expenses incurred at that procedural stage.320
H.
Reimbursement of the Victims’ Legal Assistance Fund
277. In the instant case, in a note of August 7, 2019, the President of the Court declared that
the request presented by the presumed victim, through her representatives, to access the
Legal Assistance Fund was admissible. In an order of July 10, 2019, the Court’s President at
the time, established that the Fund would provide the financial assistance necessary to cover
the expenses of the appearance of the presumed victim at the public hearing and the
presentation of two statements by affidavit.
278. On July 18, 2019, the representatives asked the Court to reconsider this decision
because, for reasons beyond her control, the presumed victim could not attend the hearing;
therefore, they asked the Court to receive a witness. In an order of August 26, 2019, the
Court decided to accept the representatives’ request. 321 In light of the impossibility of the
presumed victim attending the hearing, and the Court’s reconsideration order in this regard
(supra para. 10), on the instructions of the President, the parties and the Commission were
notified that the Victim’s Legal Assistance Fund would cover the travel and accommodation
costs for Víctor Álvarez to appear before the Court.
279. On November 29, 2019, in keeping with article 5 of the Rules for the Operation of the
said Fund, a disbursements report was sent to the State; thus, the State had the opportunity
to present its observations on the disbursements made in this case which amount to
US$886.23 (eight hundred and eighty-six United States dollars and twenty-three cents).
280. The State argued that the purpose of the Court’s reconsideration order was to modify
how Víctor Álvarez would present his statement and, since this was not a substitution, it did
not correspond to the Victim’s Legal Assistance Fund to cover these expenses. In addition, it
indicated that the representatives’ request should have been forwarded to the State for the
corresponding observations. Also, “regarding the reimbursement of the expenses incurred in
the notarization of the expert opinion of Nora Sveaass, the State notes that the Court has not
forwarded the documentation on the amounts that have been reimbursed to the
representatives; thus, it does not have the necessary elements to make observations.”
281. This Court notes, first that decisions on the admissibility of access to the Victims’
Assistance Fund and determination of the expenses to be covered by the Fund correspond to
the President of the Court. Therefore, it is not necessary to forward this information to the
State so that it may submit observations. Also, in this case, following the change in the way
in which the statement by Víctor Álvarez was presented, it was not necessary to forward the
representatives’ request to the State, nor was it relevant that the statement by Víctor Álvarez
did not substitute the statement of the presumed victim. Second, the Court notes that the
documentation relating to the expenditure for notarizing the expert opinion of Nora Sveaass
Cf. Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia. Merits, reparations and costs. Judgment of September
1, 2010. Series C No. 217, para. 29, and Case of Montesinos Mejía v. Ecuador. Preliminary objections, merits,
reparations and costs, supra, para. 246.
320
Cf. Case of Rojas Marín et al. v. Peru. Order of the Inter-American Court of Human Rights of August 26, 2019.
Available at: http://www.corteidh.or.cr/docs/asuntos/rojas_26_08_19.pdf
321
71