the representatives of only four alleged victims had participated directly in the procedure before
the Commission. It added that, based on the pleadings and motions briefs, the State had been
able to obtain information on the position and criteria of most of the alleged victims, with the
exception of six of them who could not be contacted. It also argued that there was some
uncertainty regarding the identity of two of those alleged victims.15 Furthermore, it considered
that an inter-American public defender may assume the representation of alleged victims who do
not have duly accredited legal representation, but not of those who are not present in the
proceedings. On this basis, it asked the Court to declare that it lacked jurisdiction ratione personae
in relation to the six persons identified as being absent from the international proceedings.
25. The inter-American public defenders indicated that all the alleged victims were duly
identified in the Merits Report and that, during the proceedings before the Court, the interAmerican public defenders represented the interests of the absent alleged victims. They added
that the State had not filed this objection at the corresponding procedural stage. They also argued
that the State’s efforts to locate the alleged victims had been ineffectual, especially taking into
account that several of them were deprived of liberty and would have been in the State’s custody.
Lastly, they clarified that they did have information identifying Alfredo Bazán y Rosas. Therefore,
they asked the Court to reject the objection filed by the State.
26. The Commission argued that matters relating to the exercise of the procedural rights of
the alleged victims in the procedure before the Commission or clarifications regarding their
identification and representation did not call into question the Court’s jurisdiction; therefore, it
considered that the State’s arguments should be rejected. It also underlined that the 26 alleged
victims had been duly identified in the Merits Report, adding that the State had not provided any
evidence of why it could not exercise its procedural rights in relation to the six alleged victims who
were allegedly absent from the proceedings.
27. The Court deemed it pertinent to indicate that Article 35(1) of its Rules of Procedure
establishes that, “in order for the case to be examined, the report to which Article 50 of the
Convention refers must identify the alleged victims.” In this regard, the Court notes that, in the
instant case, the Commission clearly identified all the alleged victims in the Merits Report.16
28. The State argued that the obligation of identification had not been met in the case of two of
the alleged victims: Julia Mamanu Mamami and Alfredo Bazán y Rosas. Regarding the former, it
indicated that, during the proceedings, she had also been referred to as Julia Mamani Mamani and
that her identification number had not been noted. Regarding the latter, the State argued that he
had also been referred to with the alternate name of José Miguel Abildo Díaz.
29. In the first case, this Court considers that the existence of two spellings of the name of Julia
Mamanu Mamani does not constitute a reason for considering that she was not duly identified.
The Court also underlines that Julia Mamanu Mamani underwent a medical examination at the
request of a public prosecutor in the context of the events of this case, as the State itself
15
The State indicated that the alleged victim Julia Mamanu Mamani was also referred to as Julia Mamani Mamani,
and that Alfredo Bazán y Rosas also appeared with the alternate name of José Miguel Abildo Díaz.
According to the Merits Report, the alleged victims in this case are: 1) Blas Valencia Campos; 2) Norma Lupe
Alarcón de Valencia; 3) Edwin Rodríguez Alarcón; 4) Claudia Valencia Alarcón; 5) Gabriel Valencia Alarcón; 6) Alexis
Valencia Alarcón; 7) Claudia Valencia Alarcón; 8) Elacio Peña Córdoba; 9) Víctor Manuel Boggiano Bruzzón (also
known as Juan Ramírez Ortega); 10) Genaro Ahuacho Luna (also known as Walter Herrera Flores); 11) Alfredo Bazán
y Rosas (also known as José Miguel Abildo Díaz); 12) Mercedes Valencia Chuquimia; 13) Mauricio Valenzuela Valencia;
14) Oswaldo Lulleman Antezana; 15) Raúl Oswaldo Lulleman Gutiérrez; 16) Victoria Gutiérrez de Lulleman; 17) Paola
Lulleman de Zaconeta; 18) Luis F. Lulleman Gutiérrez; 19) Julia Mamanu Mamani; 20) F.E.P.M.; 21) Carlos Eladio
Cruz Añez; 22) Carlos Enrique Castro Ramírez; 23) Álvaro Taboada Valencia; 24) Patricia Catalina Gallardo Ardúz;
25) María Fernanda Peña Gallardo, and 26) Freddy Cáceres Castro.
16
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