the Commission, the representatives had indicated that Erasmo Movilla “grew up emotionally
and economically dependent on Pedro Julio Movilla.”
B) Considerations of the Court
46.
The Court has affirmed that, pursuant to Article 35(1) of the Rules of Procedure, it is the
Commission’s responsibility to identify the alleged victims precisely when submitting a case to
the Court by means of a merits report.28 It has stated that “legal certainty requires, as a general
rule, that each of the alleged victims is duly identified in the Report […] except in the exceptional
circumstance set out in Article 35(2) of the Rules, which refers to massive or collective
violations,”29 which does not apply in this case.
47.
However, the Court notes, firstly, that neither the representatives nor the Commission
named Cindy Paola de la Barrera Simanca as an alleged victim. Therefore, the State’s request
that she not be acknowledged as such is irrelevant. The person in question is not an alleged
victim in this case.
48.
Secondly, this Court emphasizes the importance of alleged victims being clearly identified
in the Merits Report. Nonetheless, depending on the circumstances in each case, possible
inaccuracies in the identification of alleged victims in the Merits Report may not prevent the
persons in question from being regarded as such in the proceedings before the Court. This is so
provided that the inaccuracies do not prevent the person from being identified, do not affect the
State’s right of defense, nor lead to other persons being added to those included in the Merits
Report. On previous occasions, taking into account the subject matter of different cases, this
Court has accepted as alleged victims persons identified inaccurately in the Merits Report. 30
49.
In this case, the Merits Report refers to the “three children of Nery del Carmen,” who is
one of Pedro Movilla’s sisters. The representatives specified that they are Iván Darío Vega
Movilla, Nery del Carmen Vega Movilla, and Ana Karina Vega Movilla. Although they stated that
“they are the children of Rita Movilla,” according to their birth certificates 31 they are in fact the
children of Nery del Carmen Movilla Galarcio. Therefore, the Commission’s reference to these
persons makes it possible to identify them. Consequently, Iván Darío Vega Movilla, Nerys del
Carmen Vega Movilla, and Ana Karina Vega Movilla will be regarded as alleged victims.
50.
Nor do the other inaccuracies that the State mentioned rule out the identification of the
persons in question, or affect Colombia’s right of defense. For example, the Merits Report
mentioned a person called “Erasmo Movilla” as Pedro Movilla’s nephew, and, as the
representatives observed, the person in question, Erasmo de la Barrera Movilla, actually exists
and is related to him. Moreover, the inaccuracy regarding the name of Florencia Movilla Galarcio,
mistakenly called “Marta Movilla” in the Merits Report, has not prevented her from being
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, and Case of Maidanik et al. v. Uruguay. Merits and reparations. Judgment
of November 15, 2021. Series C No. 444, para. 15.
29
Case of Los Josefinos Village Massacre v. Guatemala. Preliminary objection, merits, reparations and costs.
Judgment of November 3, 2021. Series C No. 442, para. 23, and Case of Maidanik et al. v. Uruguay, supra, para. 15.
Similarly, Case of the Río Negro Massacres v. Guatemala. Preliminary objection, merits, reparations and costs. Judgment
of September 4, 2012. Series C No. 250, para. 48.
30
Cf., for example, Case of Chitay Nech et al. v. Guatemala. Preliminary objections, merits, reparations and costs.
Judgment of May 25, 2010. Series C No. 212, paras. 43-45; Case of Díaz Loreto et al. v. Venezuela. Preliminary
objections, merits, reparations and costs. Judgment of November 19, 2019. Series C No. 392, footnote 1; and Case of
López et al. v. Argentina. Preliminary objections, merits, reparations and costs. Judgment of November 25, 2019. Series
C No. 396, paras. 32-34 and 163, and Merits Report No. 1/17, of January 26, 2017, para. 74 (available at:
https://www.oas.org/es/cidh/decisiones/corte/2018/12804FondoEs.pdf).
31
Cf., birth certificates of Iván Darío Vega Movilla, Nery del Carmen Vega Movilla, and Ana Karina Vega Movilla
(evidence file, Annex 1 to the pleadings and motions brief, folios 2734, 2735 and 2737, respectively).
28
14