made in the judgment is in keeping with the demands of justice.” 34 Consequently, in order to be
able to decide this case, the Court requires a minimum degree of certainty about the existence
of these persons.
55.
The case file before the Court contains evidence on the identity of some of the individuals
indicated as victims in this case, particularly birth certificates, baptism certificates, certifications
from the Family Status Registry, individual identity documents, death certificates, and powers of
attorney that were sent by the representatives. In addition, there are affidavits and testimony
provided at the public hearing before the Inter-American Court, as well as statements made
before the judicial authority during the domestic criminal investigation and statements made
before the Oficina de Tutela Legal del Arzobispado that also mention the names of people
indicated as victims by the representatives. Given that the said evidence was not contested by
the State, the Court finds that it is sufficient to authenticate the existence and identity of the
individuals who appear on the Commission’s lists, as well as on the most recent updated lists
submitted by the representatives.
56.
In addition, the Court observes that, from the explanation provided by the
representatives in relation to the column headed “location” in their lists, this corresponds to “the
specific place where the victims were executed” (supra para. 47); thus, some people included on
the lists were victims of execution in the departmental capital of Arambala, or in the canton of
Tierra Colorada, the village of Pinalito, and the village of Guacamaya. However, the factual
framework of this case does not include events that occurred in these places. Consequently, the
Court will not consider the persons who suffered a possible violation of their rights in the said
places to be victims in this case, unless the evidence reveals that, at the time of the facts, they
were in one of the places that are the object of this case.
57.
Considering that the State is not opposed to persons other than those indicated by the
Commission being included as presumed victims, owing to the particularities of this case, the
Court will consider victims those persons identified and individualized by the Commission in its
lists attached to the merits report and/or by the representatives in their lists attached to their
final written arguments, who have suffered any human rights violation in the context of the
massacres in the village of El Mozote, the canton of La Joya, the villages of Ranchería, Los
Toriles and Jocote Amarillo, the canton of Cerro Pando, and a cave on Cerro Ortiz, provided that
the Court has the necessary evidence to verify the identity of each of these individuals. Based on
these criteria and the evidence that has been provided, this Court has been able to determine a
number of victims that is much lower than those on the lists provided. Notwithstanding this, and
considering that the State itself provided a list of 936 individualized victims, the Court considers
it essential that, in the context of the Single List of Victims that is being drawn up (infra para.
309), the State proceed to make a conclusive determination of other individuals who should also
be considered victims and, as appropriate, beneficiaries of the reparations ordered by the Court.
Lastly, this Court will include as Annex “E” to this Judgment, a list of individuals, regarding
whom there are indications about their possible status as presumed victims in this case, even
though they are not on the lists provided by the parties and the Inter-American Commission. In
this regard, the State is requested, in the context of the said Register, to determine whether
they should be considered victims and beneficiaries in this case.
B.
Human rights violations alleged by the representatives
58.
The Court has noted that, at the first stage corresponding to the presentation of the
pleadings and motions brief, and based on the State’s acceptance of the compulsory jurisdiction
of the Court and the temporal limitation contained in the declaration of June 6, 1995, the
representatives alleged that the State was responsible for the violation of certain rights
recognized in the American Convention on Human Rights, the Inter-American Convention to
Prevent and Punish Torture, and the Convention of Belém do Pará. In general, they submitted to
34
Case of the Río Negro Massacres v. Guatemala, para. 49.
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