7
25.
Regarding the facts of the instant case, the Court observes that the State has not
made any specific acknowledgement of the facts on which its acquiescence is founded.
However, by having acquiesced to the alleged violations of Articles 8 and 25 of the American
Convention, in relation to the obligations established in Articles 1(1) and 2 thereof, the
Court understands that the State has implicitly acknowledged the facts, which, according to
the application – the factual framework for the proceedings – constitute these violations; in
other words, the facts relating to “the murder of Blanca Jeannette Kawas-Fernández and the
related investigation,” described in paragraphs 49 to 71 of the application, so that no
dispute subsists in this regard.
26.
Regarding the alleged victims, the State, in its brief answering the application,
accepted the violation of the rights established in Articles 8 and 25 of the Convention, in
relation to Articles 1(1) and 2 thereof, to the detriment of “the next of kin of Blanca
Jeannette Kawas-Fernández,” identified generically. In the application’s chapter
corresponding to the alleged violation of these rights, both the Commission and the
representatives refer generically to “the next of kin” of Mrs. Kawas-Fernández as alleged
victims, without clarifying who they consider to be next of kin.
27.
The Court has established that the alleged victims must be indicated in the
application and in the report of the Commission under Article 50 of the Convention. Also, in
accordance with Article 33(1) of the Rules of Procedure, it is the Commission, and not the
Court, that must identify the alleged victims precisely in a case before the Court and at the
due procedural opportunity.10
28.
The Court observes that in Chapter VIII “Reparations and Costs” of the application,
the Commission presented a list of the “beneficiaries of the reparations” with the names of
eight next of kin of Mrs. Kawas-Fernández.11 The representatives did the same.12 In this
regard, the State affirmed that it did not contest the list of “beneficiaries” that was
presented; this implies that it made its acquiescence with full knowledge of those who had
been defined as next of kin by the representatives and the Inter-American Commission.
Nevertheless, the State “consider[ed] it necessary to authenticate the said relationship, by
means of the respective documents.”
29.
Furthermore, the Court observes that the representatives included Blanca Jeannette
Kawas-Fernández as a victim of the alleged violations of Articles 8(1) and 25(1) of the
American Convention, in relation to Article 1(1) thereof, and that this inclusion does not
10
Cf. Case of Goiburú et al. V. Paraguay. Merits, Reparations and Costs. Judgment of September 22, 2006.
Series C No. 153, para. 29; Case of Perozo et al. V. Venezuela. Preliminary Objections, Merits, Reparations and
Costs. Judgment of January 28, 2009. Series C No. 195, para. 50; Case of Ríos et al. V. Venezuela. Preliminary
Objections, Merits, Reparations and Costs. Judgment of January 28, 2009. Series C No. 194, para. 43.
11
In its application, the Commission indicated that “[o]wing to the nature of this case, the beneficiaries of
any reparations Ordered by the Court as a result of the human rights violations perpetrated by the Honduran State
are the victim already mentioned in this application and her next of kin who have suffered pecuniary and/or nonpecuniary damage as a result of the alleged human rights violations. According to the information in the case file,
the direct next of kin include: Blanca Fernández (mother); Jacobo Kawas-Cury (father); James Gordon Watt
(husband); Jaime; Alejandro Watt-Kawas (son); Selsa Damaris Watt-Kawas (daughter); Carmen Marielena KawasFernández (sister); Jacobo Roberto Kawas-Fernández (brother); Jorge Jesús Kawas-Fernández (brother).”
12
In their pleas and motions brief, the representatives indicated that “the closest next of kin should be
considered victims and beneficiaries of the reparations, owing to the violations they have suffered over the years,”
stating that the reparations should be granted to the following individuals: Blanca Fernández (mother), Jacobo
Kawas-Cury (father – deceased in November 2005), Jaime Alejandro Watt-Kawas (son), Selsa Damaris Watt-Kawas
(daughter), Carmen Marianela Kawas-Fernández (sister), Jacobo Roberto Kawas-Fernández (brother) and Jorge
Jesús Kawas-Fernández (brother).