A.2. Considerations of the Court
36.
First, the Court recalls that an individual’s access to the Inter-American System for
the protection of human rights cannot be restricted based on the requirement to have a
legal representative; 26 if an application were not admitted for lack of a representative, this
would constitute an unwarranted restriction that would deprive the alleged victim of the
possibility of access to justice. 27 Indeed, the appointment of a legal representative in
proceedings before the Court is the right of the alleged victims, and not an obligation. 28 In
this regard, Article 35 of the Court’s Rules states that, “if applicable”, the Commission
must include the names, addresses, telephone number, electronic address and facsimile
number of the duly accredited representatives of the alleged victims. Article 37 of the
Rules states that “[i]n cases where alleged victims are acting without duly accredited legal
representation, the Court may, on its own motion, appoint an Inter-American Defender to
represent them during the processing of the case.” Thus, the possibility exists that alleged
victims or their relatives may not have appointed representatives, and that the omission
of this information does not imply the rejection of the case, but rather the possibility that
the Court may appoint an Inter-American Defender de officio.
37.
Furthermore, the Court has stated that the powers granted by the alleged victims
to be represented in proceedings before the Court are not necessarily bound by the same
formalities required under the domestic laws of the respondent State. 29 In its consistent
practice, this Court has allowed a certain flexibility in matters of representation. However,
this latitude in accepting instruments granting representation has certain limits, dictated
by the practical purpose that the representation itself is intended to serve. First, such
instruments must clearly identify the person granting the power of attorney and include an
error-free statement of intent. They must also clearly name the party to whom the power
of attorney is granted and, finally, they must specify the purpose of the representation. In
the opinion of this Court, instruments that meet these requirements are valid and take full
effect upon presentation to the Court. 30 Thus, regardless of what the instrument is called
– power of attorney, letter of attorney, authorization or any other term – any document
wherein the persons grating the power of attorney express their desire to be represented,
is sufficient to be legitimate for this Court. 31
38.
The Court confirms that, during the proceeding before the Inter-American
Commission, Claudia Samayoa Pineda and B.A., daughter of A.A. and presumed victim,
submitted the initial application, 32 and jointly signed several briefs in their role as
petitioners. 33 Furthermore, they presented other briefs separately. 34 In turn, D.A., E.A.,
B.A., F.A., G.A. and H.A., children of A.A. and alleged victims, signed a brief which was
submitted on May 14, 2012, 35 in which they told the Commission:
To conclude, we wish to appeal to your humanity, so that justice may be done through you and the
case may be referred to the Inter-American Court of Human Rights. We ratify that everything
stated by [B.A.] and Claudia Samayoa as petitioners in this case reflects our feelings and views.
Consequently, we do not want a friendly settlement but a process of justice.
39.
Subsequently, in the proceeding before the Court, the Commission explained in its
submission brief that B.A. and Claudia Samayoa had acted as petitioners throughout the
process. On September 19, 2012, these individuals were asked to confirm whether they
26
Cf. Case of Yatama v. Nicaragua. Preliminary Objections, Merits, Reparations and Costs. Judgment of June
23, 2005. Series C No. 127, para. 82.
27
Cf. Case of Yatama v. Nicaragua, supra, para. 86.
28
Cf. Case of Acevedo Jaramillo et al. v. Peru. Preliminary Objections, Merits, Reparations and Costs.
Judgment of February 7, 2006. Series C No. 144, para. 143, and Case of Yatama v. Nicaragua, supra, para. 86.
29
Cf. Case of Loayza Tamayo v. Peru. Reparations and Costs. Judgment of November 27, 1998. Series C No.
42, paras. 97 and 98, and Case of Vélez Loor v. Panama. Preliminary Objections, Merits, Reparations and Costs.
Judgment of November 23, 2010. Series C No. 218, para. 54.
30
Cf. Case of Loayza Tamayo v. Peru, supra, paras. 98 and 99, and Case of Vélez Loor v. Panama, supra,
para. 54.
31
Cf. Case of Castillo Páez v. Peru. Reparations and Costs. Judgment of November 27, 1998. Series C No. 43,
para. 65.
32
Cf. Brief of December 9, 2005 (File of the proceedings before the Commission, pages 444 to 449).
33
Briefs of June 6 and September 19, 2008, January 22, April 27, June 23 and October 22, 2009, January 5
and October 27, 2010, January 18 and August 8, 2011, January 18 and 14 May 2012. (File of the proceedings before
the Commission, pages 1, 37, 294, 298, 339, 366, 386, 130, 132, 128, 233, 274, 608).
34
Cf. Briefs of August 24, 2006, October 5, 2010, February 14, August 8, 2011 and June 4, 2012 (File of the
proceedings before the Commission, pages 47, 120, 238, 414 and 526).
35
Cf. Brief of May 2012 (File of the proceedings before the Commission, pages 605 to 607).
13