and, according to Article 62 of the Convention, recognized the contentious jurisdiction of the
Court on March 25, 1999.
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 As provided in 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 7.
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.
The President notes that, with respect to the request for resources from the Court’s
Assistance Fund, the representatives based their application on the “lack of sufficient
2
Cf. AG/RES. 2426 (XXXVIII-O/08) Resolution adopted by the General Assembly of the OAS during the
XXXVIII Ordinary Period of Sessions 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 CP/RES. 963 (1728/09),
adopted on November 11, 2009 by the Permanent Council of the OAS, “Rules of Procedure for the Operation of the
Legal Assistance Fund of the Inter-American Human Rights System,” Article 1.1.
4
Cf. Resolution CP/RES. 963 (1728/09), supra note 3, Article 3.1.
5
Resolution 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 by the Court on February 4, 2010, Article 1.
7
Cf. Rules for the Operation of the Assistance Fund, supra note 6, Article 2.
2