7. The President takes cognizance of the lack of financial resources claimed by the three
aforementioned alleged victims through the common intervenors. According to Article 2 of
the Rules of the Fund, the certificate of “socioeconomic accreditation” regarding Mr. Ancalaf
Llaupe’s situation (supra considering paragraph 5) and the affidavits rendered by the
alleged victims Jaime Marileo and Pascual Pichún regarding their financial situation (supra
considering paragraph 6) constitute sufficient evidence of their lack of financial resources,
which is complemented with the information on the rates of poverty and indigence that
affect the Mapuche People in Chile.
8. Likewise, the President confirms that both CEJIL and FIDH specified the costs related to
the process for which the alleged victims require assistance. In this regard, he notes that
the alleged victims Pichún Paillalao and Marileo Saravia have requested assistance from the
Fund to cover expenses related to “their appearance” before the Court (supra considering
paragraph 6). For his part, the alleged victim Ancalaf has requested assistance to cover the
travel expenses of “the persons that the Court may summon to testify at a hearing,” the
“notary expenses for taking the statements of the [alleged] victims, witnesses and expert
witnesses that the Court consider pertinent to receive by affidavit,” as well as the expenses
associated with the psychologist’s expert report (supra considering paragraph 5).
9. The President recalls that the Assistance Fund of the Court is comprised of voluntary
contributions from donor sources (supra considering paragraph 2), and that these limited
resources are insufficient to cover all the expenses related to the possible appearance of the
alleged victims, their representatives and the presentation of evidence before the Court.
Therefore, in each specific case, a request for financial assistance must be considered on
the basis of the resources available and bearing in mind the need for assistance that might
arise in other cases before the Court, in order to ensure the correct administration and fair
distribution of the Fund’s limited resources.
10. The President notes that, at the present stage of the proceedings, it has not been
determined whether the testimonies offered by the representatives shall be received by the
Court, or the means by which these shall be obtained. In accordance with Article 50(1) of
the Court’s Rules of Procedure, that decision is taken by the Court or by its President, once
the parties have submitted the definitive lists of proposed declarants and the right to
defense has been guaranteed, under the terms of Articles 45 to 49 of the Court’s Rules of
Procedure.
11. Based on the foregoing considerations, the President considers valid the request
submitted by the alleged victims to access the Court’s Legal Assistance Fund. Accordingly,
having regard to the resources currently available in the Fund, the alleged victims shall be
granted the financial assistance necessary for the presentation of a maximum of four
testimonies, either by affidavit or at a public hearing. The President considers it appropriate
to defer a decision on the specific amount, recipients and purpose of the financial assistance
to be provided to the alleged victims until such time as the Presidency, or the Court, rules
on the validity and relevance of the evidence offered by experts and witnesses and on the
opening of the oral proceedings, in accordance with Article 50(1) of the Court’s Rules of
Procedure, in order to have certainty regarding which of the testimonies shall be admitted
by the Court, and the means by which these shall be obtained.
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