56
d)
the identification of the alleged victims was materially possible, since
the Commission could have obtained that information during the friendly
settlement process or before the admissibility and merits of the case were
considered, given “the very strong cooperation” provided by the State in this
case. Neither the Commission nor the claimants requested that information
from the State at the proper stage of the proceedings;
e)
the Commission had access to reference material based on the Court’s
June 21, 2002 order, since the Court requested that the State cooperate by
providing the requested list.
The State sent the requested information to
the Commission, “in keeping with its posture of cooperation and its respect
for the principle of good faith that governs the international human rights
system”;
f)
facts and evidence must be shown to support the alleged violation of
rights. “Evidence is clearly lacking of the individual identities of persons
alleged to be victims of concrete facts in the period from August 1996 to July
2001, specifying place, dates, circumstances, victims and alleged
perpetrators.” The Commission “has failed to show sufficient proof of how the
State violated the rights of the more than three thousand supposed victims,
specifically as regards the rights to humane treatment, personal liberty,
judicial guarantees, and so on.” The Commission and the representatives
have alleged facts and provided evidence of the supposed violation of rights in
the case of the alleged victims of the three fires, but they have failed to show
proof that all the inmates at the Center were somehow alleged victims;
g)
were the reparations in genere sought by the Commission granted, the
precedent set in the inter-American system would be contrary to the principle
that requires victims to be identified and would affect “the legal certainty,
reasonableness, and equilibrium” of that system.
During the friendly
settlement proceeding with the Commission, neither the representatives nor
the Commission suggested to the State that all children and adolescents
confined in that time frame should be compensated; and
h)
the proceedings in the instant case should concern only the alleged
victims identified under operative paragraph 1 of the Court’s June 21, 2002
order.
Pleadings of the Commission
103. The Inter-American Commission asked the Court to declare this first
preliminary objection to be inadmissible on the grounds that:
a)
the discussion of this case when it was before the Commission began
on August 14, 1996, and was always about all the children who were inmates
at the Center; the case was never confined to the adolescents killed or injured
in the fires that occurred on February 11, 2000, February 5, 2001 and July
25, 2001;
b)
the application was never intended to be an actio popularis with
unnamed alleged victims.
The entire case with the Commission was
conducted on the premise that the alleged victims were identified and that the
State had their exact names in its possession;
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