23 81. The Court observes that, when submitting its petition to the Commission on December 26, 2000, the representatives knew who the members of COANA and ADECON were whose telephone conversations had been disseminated by the press in June 1999. However, in their petition to the Commission, they did not mention the names of these individuals or give any other details about them, referring to them in general as “the members of COANA and ADECON.” Moreover, even though the representatives stated that it was only “in 2004 [… that they] were able to learn about and have access to all the transcripts of the recordings” and, consequently, identify the individuals supposedly victims of the telephone interception and recordings, they did not inform the Commission, even though the latter had not yet ruled on the admissibility of the petition, which they did in March 2006. It was only in the brief of May 10, 2007, on their position concerning the submission of the case to the Court’s consideration that the representatives presented the Commission with a list of 34 alleged victims, of whom only Arlei José Escher and Dalton Luciano Vargas had been included in Report on Merits No. 14/07. 82. As the Court has stated in its case law, the alleged victims must be indicated in the petition and in the Commission’s report under Article 50 of the Convention. In addition, according to Article 33(1) of the Rules of Procedure, it is the responsibility of the Commission and not the Court to identify the presumed victims in a case before the Court precisely and at the opportune procedural moment.65 Based on the foregoing, the Court considers that those indicated in the Commission’s application brief are the presumed victims. 83. Despite the foregoing, the Court notes that although Eduardo Aghinoni was indicated as a presumed victim by the Inter-American Commission in the application, he died on March 30, 1999,66 that is, more than a month before the first request for telephone interception on May 3, 1999, that initiated the facts that are claimed to have violated the American Convention. Consequently, prior to his decease, Eduardo Aghinoni could not have suffered the alleged violation of his rights to privacy, honor, association, judicial guarantees and judicial protection that is alleged based on facts that took place following his decease. 84. In view of the above, the Court considers Arlei José Escher, Dalton Luciano de Vargas, Delfino José Becker, Pedro Alves Cabral and Celso Aghinoni presumed victims. VII ARTICLE 11 (RIGHT TO PRIVACY [HONOR AND DIGNITY])67 IN RELATION TO ARTICLE 1(1) (OBLIGATION TO RESPECT RIGHTS)68 OF THE AMERICAN CONVENTION 65 Cf. Case of the Ituango Massacres, supra note 48, para. 98; Case of Ríos et al., supra note 18, para. 43, and Case of Kawas Fernández, supra note 35, para. 27. 66 Cf. Testimony given by Celso Aghinoni during the public hearing held on December 3, 2008, before the Inter-American Court of Human Rights, and telephone interception request of May 3, 1999, within the framework of Monitoring Petition No. 41/99 (file of attachments to the answer to the application, attachment 10, folio 2132). 67 Article 11 of the Convention stipulates that: 1. Everyone has the right to have his honor respected and his dignity recognized. 2. No one may be the object of arbitrary or abusive interference with his private life, his family, his home, or his correspondence, or of unlawful attacks on his honor or reputation. 3. Everyone has the right to the protection of the law against such interference or attacks. 68 Article 1(1) of the Convention establishes that: The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.

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