IACHR

Legal Assistance Fund

Who can apply to the Legal Assistance Fund?

The petitioners and alleged victims of complaints filed before the IACHR that are in the merits stage. This means that:

  • the IACHR has adopted an admissibility report;

        or

  • the IACHR has informed the parties of its decision to join the issue of admissibility to the merits.

What kind of expenses can be covered by the Legal Assistance Fund?

  • gathering and sending documentary evidence;
  • expenses derived of the appearance of the alleged victim, witnesses and experts in hearings held by the Commission; and
  • other expenses considered pertinent by the Commission for the processing of the case.

What are the eligibility requirements for the legal assistance benefit?

  • The applicant shall demonstrate that he or she lacks sufficient means to cover all or some of the expenses.
  • He or she shall specify the expenses to which the resources of the Fund will be applied, as well as its relation to the case.

How to prove lack of sufficient means?

By an affidavit and other pertinent methods of proof, such as a payroll or tax return.

How to apply to the Legal Assistance Fund?

By a written communication in the context of the case pending before the IACHR.

What to do if there are additional questions?

It is suggested to read the complete Rules on this same page. If the doubts on the functioning of the Fund persist, please send an electronic e-mail to Karin Mansel kmansel@oas.org

The legal assistance benefit shall be granted on condition of available resources.
Donations to the Fund are welcomed.

Rules of the Inter-American Commission on Human Rights on the Legal Assistance Fund of the Inter-American Human Rights System

Article 1. Purpose

The present Rules shall govern the functioning of the Legal Assistance Fund for Victims, regarding the Inter-American Commission on Human Rights.

Article 2. Legal Assistance

The Commission may grant resources of the legal assistance Fund at the request of a petitioner after the Commission has declared the complaint admissible or has informed its decision to join the issue of admissibility to the merits.

Article 3. Criterion of necessity and availability of the Fund's resources

The legal assistance benefit shall be granted on condition of available resources, to those persons demonstrating the lack of sufficient means to afford all or some of the expenses described in Article 4 of these Rules.

Article 4. Purpose of the legal assistance

The legal assistance referred to in these Rules shall be used to defray the expenses derived from gathering and sending of documentary evidence, as well as the expenses derived from the appearance of the alleged victim, witnesses and experts in hearings held by the Commission and other expenses considered pertinent by the Commission for the processing of a petition or case.

Article 5. Requirements to apply for the legal assistance benefit

Any applicant to the legal assistance benefit shall demonstrate, by an affidavit and other pertinent methods of proof, that he or she lacks sufficient means to cover the expenses described in Article 4 of the present Rules, and shall specify the expenses to which the resources of the Fund will be applied, as well as its relation to the petition or case.

Article 6. Admittance of the request

The Executive Secretariat of the Inter-American Commission shall carry out a preliminary review of the request and if necessary, will request additional information to the applicant. Once the preliminary examination has been completed, the Secretariat shall put the request to the consideration of the Directive Council of the Fund.

The Directive Council shall analyze each one of the applications filed, determine their admittance and establish which aspects of the processing of the claim may be covered by the Fund's resources.

The decision on the granting of resources to cover the expenses derived from the appearance of alleged victims, witnesses and experts in public hearings shall be taken at the moment of granting the hearing.

In case of granting the benefit, the beneficiary shall receive in advance the financial resources assigned to him or her and will be required to submit the support documentation of the expenses afterwards.

Article 7. Composition of the Directive Council of the legal assistance Fund

The Directive Council of the legal assistance Fund shall be composed by one representative of the Inter-American Commission and one representative of the General Secretariat of the OAS.

Article 8. Financial Administration of the Legal Assistance Fund

The financial administration of the Legal Assistance Fund, as far as the Inter-American Commission on Human Rights is concerned, shall be the responsibility of the Secretariat for Administration and Finances of the OAS.

Once the Directive Council of the Fund has approved a request and this decision has been notified to the beneficiary, the Secretariat for Administration and Finances of the OAS shall open an expenses file, in which will be documented all the expenses incurred in accordance with the parameters established by the Directive Board.

Article 9. Reimbursement of expenses to the Legal Assistance Fund

The Commission shall include among the recommendations of the report on the merits of a claim adopted pursuant to Articles 50 of the American Convention and 45 of its Rules, as the case may be, an estimate of the expenses incurred and charged to the Legal Assistance Fund so that the State concern may reimburse the amount to that Fund.

Article 10. Publication

The Commission will publish annually a brief report on the expenses charged to Legal Assistance Fund.

Article 11. Interpretation

Any questions regarding the interpretation of these rules shall be resolved by an absolute majority of the members of the Commission.

Article 12. Amendment of the Rules

The present Rules may be amended by the decision of the absolute majority of the Commission's members.

Article 13. Entry into force

The present Rules shall enter into force on March 1, 2011.

CASE 12.699 - Pedro Antonio Centurión

On June 21, 2005, the Inter-American Commission on Human received a petition presented which alleged the international responsibility of the Republic of Paraguay to the detriment of the minor child Pedro Antonio Centurion, an Argentine national who was 13 years old at the time of the events, had been forcibly conscripted to do compulsory military service and had died under “strange circumstances” at the Military’s Vista Alegre Cavalry Detachment.

On August 5, 2011, the parties signed a friendly settlement agreement and on July 20, 2018,the parties declared full compliance with some clauses of the agreement and requested that the IACHR approved the friendly settlement agreement.

On October 3, 2018, during the working meeting held in the framework of the 169th Special Session of the IACHR, the parties signed a Minute of the working meeting, in which they jointly reiterated their request to the IACHR to approve the friendly settlement agreement. The Legal Assistance Fund provided financial assistance so that the petitioner could attend the meeting.

Amount of the Legal Assistance Fund, used to provide financial support in expenditures related to the attendance of the petitioners to the working meeting: US$1,730.

Read the Friendly Settlement Report No. 130/18.

Case 13.049 – HOVT and others, Guatemala

On June 2, 2006, the IACHR received a petition lodged by Fredy Leonel Valiente Contreras, against the Republic of Guatemala. The petitioner claims that his three sons and two of their friends were illegally and arbitrarily arrested, beaten, and threatened by officers of the National Civilian Police, and that one of his sons was murdered, at the age of 13 years, on the orders of one of that force’s officers. He further contends that those incidents remain unpunished.

On May 7, 2018, during its 168 session, the IACHR held a working meeting in order to give impetus to the negotiation initiated between the parties in February 2018 and with a view to reaching a friendly settlement agreement. The Legal Assistance Fund provided financial assistance so that Mr. Fredy Leonel Valiente Contreras and Mrs. Claudia Torres could attend the meeting.

Amount of the Legal Assistance Fund, used to provide financial support in expenditures related to the attendance of the petitioners to the working meeting: US$2,510.

Case 12.737 – Carlos Raúl Morales Catalán, Guatemala

On April 27, 2001, the IACHR received a petition lodged by Carlos Raúl Morales Catalán on his own behalf and that of his sons José Raúl and Javier Ernesto Morales Vera, against the Republic of Guatemala for its alleged responsibility in denying the petitioner and the alleged victims justice in the context of a criminal case and of civil compensation awarded for the injuries sustained by his sons, of 2 and 4 years in an automobile accident on July 16, 1998.

On May 7, 2018, during its 168 session, the IACHR held a working meeting in order to follow up on the compliance of the commitments established in the friendly settlement agreement signed between the parties in December 2010. The Legal Assistance Fund provided financial assistance so that petitioner, Carlos Raúl Morales Catalán could attend the meeting.

Amount of the Legal Assistance Fund, used to provide financial support in expenditures related to the attendance of the petitioner to the working meeting: US$1,275.

Case 10.573 - Salas and others, United States

In case 10.563 the petitioners allege that the State is responsible for the military operation carried on in Panama City, Panama, on December 20, 1949, which caused the deaths of hundreds of Panamanian civilians, as well as injuries to hundreds of people and thousands lost their homes. Furthermore the petitioners affirm that some people are missing to date. 

In the public hearing that took place on December 9, 2016, during the 160th special sessions, the Commission heard the testimony of Mrs. Yolanda Cortés about the facts of the case. Financial assistance was provided through the Legal Assistance Fund so that Mrs. Cortés and petitioner Gilda Camargo could attend the hearing.

Amount of the Legal Assistance Fund, in US dollars, used to provide financial support in expenditures related to the attendance of Mrs. Cortés and Mrs. Camargo to the public hearing: $3,454.

  • See the video and photos of the hearing of the 160 special sessions of the IACHR (December 9, 2016).

Case 12.942 – Emilia Morales Campos and other, Costa Rica

In case 12.942, Mrs. Emilia Morales alleges a violation of her right to protection of the family, preservation of health and wellbeing, and property, on account of the ineffectiveness of the administrative procedures to ensure access to dignified housing. She states that she has not been given an effective response from the authorities to her application for a Family Housing Voucher for more than 22 years. Furthermore, she alleges that both her health and the health of her daughter were adversely affected by the poor condition of their housing conditions.

On December 2, 2016, during its 159rd session, the IACHR held a working meeting in order to bring the parties together. As a result of the meeting, the parties decided to move forward with a friendly settlement process. The Legal Assistance Fund provided financial assistance so that petitioner –and alleged victim- Emilia Morales Campos could attend the meeting.

Amount of the Legal Assistance Fund, used to provide financial support in expenditures related to the attendance of the petitioners to the working meeting: US$936.

Case 12.805 – Jimmy Guerrero and Ramón Antonio Molina Pérez, Venezuela

In case 12.805 the petitioners allege the responsibility of agents of the Bolivarian Republic of Venezuela in the killings of Jimmy Rafael Guerrero Melendez and Ramón Antonio Molina Pérez on March 29, 2003, in the city of Punto Fijo, Falcón State, as well as the failure of the judicial system to solve the crimes.

In the public hearing that took place on April 4, 2016, during the 157 ordinary period of sessions, the Commission heard the testimony of Jean Carlos Guerrero Melendez. He said that his brother had been constantly persecuted and harassed by members of the police in the state of Falcón, who had ended up killing him and his uncle Ramón Antonio Molina Pérez. He noted that, 13 years after the deaths of his family members, it has not been possible to obtain justice, as the investigations continue in the preliminary stage. Financial assistance was provided through the Legal Assistance Fund so that Jean Carlos Guerrero Melendez could attend the hearing to give his testimony.

Amount of the Legal Assistance Fund, in US dollars, used to provide financial support in expenditures related to the attendance of Mr. Guerrero Melendez to the public hearing: US$1,577.

Case 12.994 – Bernardo Aban Tercero, United States

Mr. Bernardo Aban Tercero is a Nicaraguan national deprived of his liberty on death row in Texas, United States. On April 4, 2013, the Commission granted precautionary measures to protect his life and physical integrity and asked the United States to refrain from carrying out the death penalty until the IACHR had the opportunity to issue a decision on the case.

The IACHR decided the case was admissible on June 24, 2015. On July 4, 2015, the petitioners filed an application to the Legal Assistance Fund requesting funds to “be employed to finally perform a proper investigation on the mitigating evidence for Mr. Tercero´s case […] and further clarify the extent of the ineffective nature of Tercero´s trial and habeas counsel.” The Directive Council of the Fund decided to approve the request and granted the amount of US$2,561.60 to cover part of the expenses of the investigation.

On August 18, 2015, the IACHR adopted Report No. 79/15 on the merits of the case and concluded that the State’s failure to inform Bernardo Aban Tercero of his right to consular notification and assistance deprived him of a criminal process that satisfied the minimum standards of due process and a fair trial. The IACHR also concluded that his court-appointed counsel committed serious mistakes that affected his right to defense. The Commission also concluded that he did not have a possibility to have his sentence effectively reviewed due to the limitations imposed by federal laws and the interpretation of the national courts. On its merits report, the Commission recommended the United States to reimburse to the Legal Assistance Fund, the amount given to the petitioners.

Case 12.797 – Linda Loaiza López Soto and Next of Kin

Case 12.797 claims that the State of Venezuela is internationally responsible for the alleged abduction, torture, and rape suffered by Linda Loaiza López Soto at the hands of an individual. It is alleged that the criminal proceedings were plagued by gender stereotypes that placed the blame on the alleged victim and by threats made against her, her family, and the judges and prosecutors who handled the case, since the accused was said to belong to an influential family in Venezuela.

In the public hearing that took place on March 17, 2015, the alleged victim offered testimony concerning the physical, psychological, and sexual violence to which she said she was a victim; the manner in which she apparently was rescued; and the irregularities, re-victimization, and discrimination she allegedly suffered throughout the criminal proceedings. Financial assistance was provided through the Legal Assistance Fund so that Linda Loaiza López Soto could attend the hearing to give her testimony.

Amount of the Legal Assistance Fund, in US dollars, used to provide financial support in expenditures related to the attendance of the victim(s) (and petitioners) to the public hearing/working meeting: US$3,573.

Case 12.709 – Juan Carlos Flores Bedregal

Case 12.709 claims that the State of Bolivia is internationally responsible for the alleged forced disappearance of Juan Carlos Flores Bedregal during the coup d’état led by Luis García Meza on July 17, 1980. The petitioners allege that even though his next of kin have sought redress at all levels, both in the courts and other branches of government, the case remains in impunity because the circumstances of his disappearance have not been clarified, those responsible have not been punished, and Juan Carlos Flores Bedregal’s remains have never been found.

On October 29, 2014, during its 153rd session, the IACHR held a working meeting so that the parties could move forward in the friendly settlement process. The Legal Assistance Fund provided financial assistance so that petitioners Olga Flores Bedregal and Verónica Flores Bedregal, sisters of the alleged victim, could attend the meeting.

Amount of the Legal Assistance Fund, in US dollars, used to provide financial support in expenditures related to the attendance of the victim(s) (and petitioners) to the public hearing/working meeting: US$4,295.

Case 12.329 – Vicente Ariel Noguera

Case 12.239 claims that the State of Paraguay is internationally responsible for the death of Vicente Ariel Noguera, who at the time of the events in question was 17 years old. The alleged victim reportedly died “under unclear circumstances” while he was fulfilling his second period of mandatory military service, as a candidate for corporal. Even though complaints were filed, a proper investigation into the facts was reportedly never carried out. The military judicial system dismissed the inquiry into the alleged victim’s death “because there is no crime to investigate or criminal to punish,” while the regular justice system decided to discontinue the case because the perpetrator had not been able to be identified and due to a failure on the part of the plaintiff to move the case forward.

On March 26, 2014, during its 150th session, the IACHR held a working meeting, at the State’s request, so that the parties could move forward in the friendly settlement process. The Legal Assistance Fund provided financial assistance so that petitioner Raquel Talavera Giménez and co-petitioner and alleged victim Ramona Isabel Noguera Domínguez could attend the meeting.

Amount of the Legal Assistance Fund, in US dollars, used to provide financial support in expenditures related to the attendance of the victim(s) (and petitioners) to the public hearing/working meeting: US$4,206.

Case 12.791 - Jesus Angel Gutierrez Olvera, Mexico

In Case 12.791 it is alleged the international responsibility of the State of Mexico for the alleged arbitrary detention on MArch 14, 2002, and the subsequent forced disappearance of Jesus Angel Gutierrez Olvera, presumably committed by state agents, and for failure to conduct an investigation into and provide reparations for the denounced acts. 

In the public hearing held on October 27, 2011, Leonor Guadalupe Olvera, mother of Gutierrez Olvera and alleged victim in the case, offered her testimony on the facts of the case and on the harm caused by the alleged violations to human rights. Through the Legal Assistance Fund, financial assistance was used to make possible for Leonor Guadalupe Olvera to be present in the hearing, in order to offer her testimony.

Amount of the Legal Assistance Fund, in US dollars, used to provide financial support in expenditures related to the attendance of the victim(s) (and petitioners) to the public hearing/working meeting: US$1,519.

Case 12.738 - Opario Lemoth Morris et al (Miskitu Divers), Honduras

In Case 12.738 it is alleged the international responsibility of Honduras for the alleged violation, among others, of the right to life and personal integrity of the miskitu divers in the Gracias a Dios Department, who are allegedly subject to labor exploitation. This situation allegedly was the cause for more than 4,000 miskitu divers, a substantial part of the Miskitu indigenous people, to suffer decompresion syndrom, generating partial and permanent disability and even death. This situation is allegedly of such proportions and gravity that it endangers the integrity of the Miskitu people in Honduras.

In the public hearing that took place on October 24, 2011, the alleged victim, Armisterio Bans Valeriano, offered his testimony on the consequences of the alleged violations to human rights that the miskitu divers are suffering. Through the Legal Assistance Fund, financial assistance was used to make possible for Armisterio Bans Valeriano to be present in the hearing, in order to offer his testimony. The Fund also gave financial assistance so that Feliciano Pérez could travel accompanying Armisterio Bans Valeriano, considering he is a person with disabilities.

Amount of the Legal Assistance Fund, in US dollars, used to provide financial support in expenditures related to the attendance of the victim(s) (and petitioners) to the public hearing/working meeting: US$3,909.