identified correctly. Therefore, Erasmo de la Barrera Movilla and Florencia Movilla Galarcio are
considered alleged victims.
51.
Thirdly, on many occasions the Court has used the presumption that certain relatives of
direct victims of serious human rights violations are themselves victims as a result of the
violations concerned, but as part of the analysis of merits, 32 and not as a preliminary question
intended to include or exclude people from the group of alleged victims. Therefore, people may
not be denied the status of alleged victims for that reason.
52.
Lastly, on the question of people who have died, the Court has held that it is not necessary
that a person be alive at the time the case is brought before the Court for them to be considered
an alleged victim and, furthermore, it has determined that deceased relatives of victims who
were alive at the time of the disappearance were also victims. 33 Therefore, a person may not be
denied the status of alleged victim simply because they have died. The Court notes, however,
that Pedro Movilla’s father-in-law, José de Jesús Vergara Román, died in 1990, 34 that is, before
Mr. Movilla’s disappearance in 1993 (infra para. 76). Therefore, given that he could not have
been affected by the facts of the case, he will not be considered an alleged victim.
53.
As a result, the Court finds that there are 19 alleged victims in the case, some of whom
were already considered victims following the State’s acknowledgment of responsibility. These
are all the individuals mentioned in the Merits Report as victims, except for Pedro Movilla’s nonexistent brother called Erasmo Movilla, and Mr. Movilla’s father-in-law, José de Jesús Vergara
Román.
54.
Those 19 people, with their correct names, are Pedro Julio Movilla Galarcio and the
following members of his family: Candelaria Nuris Vergara Carriazo (wife), Carlos Julio Movilla
Vergara (son), José Antonio Movilla Vergara (son), Jenny del Carmen Movilla Vergara (daughter),
Leonor María Movilla de Sierra (sister), María de Jesús Movilla Barrera (sister), Florencia Movilla
Galarcio (sister), Rita Candelaria Movilla Galarcio (sister), Nery del Carmen Movilla Galarcio
(sister), Erasmo de la Barrera Movilla (nephew), Raúl Rafael Ramos Movilla (nephew), Ricardo
Adolfo Ramos Movilla (nephew), Franklin Hander Movilla (nephew), Dominga Josefa Movilla
Galarcio (niece), Iván Darío Vega Movilla (nephew), Nery del Carmen Vega Movilla (niece), Ana
Karina Vega Movilla (niece), and María Isabel Carriazo de Román (mother-in-law ).
Case of Blake v. Guatemala. Merits. Judgment of January 24, 1998. Series C No. 36, para. 114, and Case of
Maidanik et al. v. Uruguay, supra, para. 185.
33
Cf. Case of 19 Merchants v. Colombia. Merits, reparations and costs. Judgment of July 5, 2004. Series C No.
109., paras. 229, 231 and 235, and Case of Maidanik et al. v. Uruguay, supra, paras. 195 and 196.
34
Cf. Death certificate of José de Jesús Vergara Román, issued on November 1, 1990 (evidence file, Annex 1 to
the pleadings and motions brief, f. 2731).
32
15