7
13.
The Commission named 99 persons as victims in its Merits Report (supra para.
1). It stated that it had made their “most precise individualization possible,” but put “on
the record” that the names of the persons may not be identical in the different
communications or in the judicial record.8
14.
The representative identified as a victim Eulalia Antonio, mother of Manuela
Mateo Antonio, who was not included in the Report on the Merits.
15.
The State claimed that the circumstances of the case of the mother do not fall
within the jurisprudential criteria regarding the impossibility to determine alleged victims
and, therefore, the exception should not be granted.
B.
Considerations of the Court
16.
Under Article 35(1) of the Rules of the Court, the Merits Report must contain the
identification of the alleged victims. Article 35(2), however, provides an exception. The
Court has held that the exception operates when there is “a material or practical
impediment to identify the alleged victims in cases of massive or collective violations of
human rights.”9 In order to determine whether the exception operates, the Court
evaluates the specific characteristics of each case.10
17.
The Court finds that the incident affected a substantial number of members of the
“Aurora 8 de octubre” Community (hereinafter also “the Community”) and that the case
concerns a collective violation of human rights. Therefore, given the characteristics of the
case, the exception provided by Article 35(2) of the Rules of the Court is applicable. The
Court, thus, holds that Mrs. Eulalia Antonio may be considered an alleged victim.
A.
V.
EVIDENCE
Admissibility of the documentary evidence
18.
The Court received documents attached to their main briefs, presented as evidence
by the Commission and by the parties (supra paras. 3, 6 and 7). The Commission
requested the incorporation of four expert opinions offered in other proceedings (infra
para. 19 and footnote 12) The Court also received from the representative a document
requested as useful evidence, pursuant to Article 58 of the Rules (infra para. 19), as well
as documentation on a supervening event (infra, para. 22). It likewise received documents
attached to the final written arguments (supra para. 9).
19.
In this case, as previously, the Court admits those documents that are presented
in a timely fashion by the parties and by the Commission or deemed helpful by the Court
The Commission pointed out that the events occurred more than 20 years ago and that, while many
indigenous persons maintain their original names, upon being registered in the Civil Registry they were given
names that are more common in the Spanish language. It indicated that, while persons should be identified in
the best way possible, “certain standards of reasonability and flexibility” should be observed.
9
Case of the Río Negro Massacres v. Guatemala. Preliminary Objection, Merits, Reparations and Costs.
Judgment of September 4, 2012. Series C No. 250, para. 48 and Case of the Dismissed Workers of Petroperú
et al. v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 23, 2017. Series
C No. 344, para. 55.
10
Cf. Case of the Río Negro Massacres v. Guatemala, supra, paras. 48 to 51 and Case of the Dismissed Workers
of Petroperú et al. v. Peru, supra, paras. 61 and 62.
8