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 InterAmerican 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 requesting party to present the background information necessary so that the request may be submitted to the consideration of the Presidency. The President of the Court shall then evaluate the request and make a decision within three months as of the date on which the background information required is received. 5. Article 37 (Inter-American Defender) of the Court’s Rules of Procedure states that “[i]n cases where alleged victims are acting without duly accredited legal representation, the Court may, on its own motion, appoint an Inter-American defender to represent them during the processing of the case.” As established in the introductory remarks to the Rules of the Court, the implementation of the position of the inter-American defender “guarantees 2 AG/RES. 2426 (XXXVIII-O/08) Resolution adopted by the General Assembly of the OAS during the Thirtyeighth 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