12
.
VI
PRIOR CONSIDERATIONS
A)
Alleged victims
41.
The representatives argued that the next of kin of the alleged victims “shall also be
considered victims” and that they have been caused “a considerable non-pecuniary
damage,” reason for which they requested that several of the next of kin be considered
beneficiaries of reparations. Neither the Commission nor the State have issued a ruling in
this sense.
42.
In relation to the possibility of participation of the alleged victims, their next of kin,
or representatives in the cases before this Tribunal, the Court has determined that it is not
admissible to allege new facts, different from those presented in the application, without
detriment to setting forth those that may explain, clarify or reject the facts that have been
mentioned in the application, or be consistent with the claims of the plaintiff. Additionally,
facts considered supervening may be forwarded to the Tribunal at any stage of the
proceeding before judgment has been delivered. 29 Similarly, the alleged victims and their
representatives may invoke the violation of rights different to those already included in the
application, as long as they refer to the facts included in the latter.30
43.
Regarding the alleged victims of a case, the Court has established that they must be
mentioned in the application and in the report issued by the Commission in the terms of
Article 50 of the Convention. Additionally, pursuant with Article 33(1) of the Rules of
Procedure, it corresponds to the Commission and not to this Tribunal to identify the alleged
victims with precision and on the due procedural opportunity.31 Therefore, the Court only
considers as alleged victims of the present case the 20 people identified by the Commission
as being in that condition.
B)
Facts and arguments
44.
The parties have presented arguments regarding the facts of the present case and
the context in which they occurred, as well as other arguments of fact and law directed to
invalidating the arguments of the other parties, which are not object of the proceedings
before this Tribunal.
45.
In consideration of the aforementioned, the Court considers it appropriate to indicate
the facts it will take into account in this Judgment.
B.1
Facts presented by the parties
29
Cf. Case of the “Five Pensioners” V. Peru. Merits, Reparations, and Costs. Judgment of February 28, 2003.
Series C No. 98, para. 154; Case of Valle Jaramillo et al. V. Colombia. Merits, Reparations, and Costs. Judgment of
November 27, 2008. Series C No. 174, and Case of Heliodoro Portugal V. Panama, supra note 26, para. 228.
30
Cf. Case of the “Five Pensioners” V. Peru, supra note 29, para. 155; Case of Valle Jaramillo et al. V.
Colombia, supra note 29, para. 174, and Case of Heliodoro Portugal V. Panama, supra note 27, para. 228.
Cf. Case of the Ituango Massacres V. Colombia. Preliminary Objection, Merits, Reparations, and Costs.
Judgment of July 1, 2006. Series C No. 148, para. 98; Case of Apitz Barbera et al. (“First Court of Administrative
Disputes”) v. Venezuela. Preliminary objection, Merits, Reparations, and Costs. Judgment of August 5, 2008. Series
C No. 182, para. 229, and Case of Chaparro Álvarez and Lapo Íñiguez V. Ecuador. Preliminary Objections, Merits,
Reparations, and Costs. Judgment of November 21, 2007. Series C No. 170, para. 224.
31