15
appropriate, the scope of the violations alleged by the Commission or the representatives, as
well as the consequences that may arise in terms of reparations.
V
PRELIMINARY CONSIDERATIONS
44.
The Court notes that the State presented three preliminary objections, designated as
follows: (a) “lack of jurisdiction of the Court […] with respect to José Erminso Sepúlveda Saravia
and his next of kin, as he was not identified in the Article 50 of the [Commission’s] report,
pursuant to Article 35(1) of the Rules of Procedure of the Inter-American Court”; (b) “lack of
jurisdiction over the instances of threats and persecution against the Community Action
Movement and other alleged facts generated by the violations of the rights contained in Articles
13, 16 and 23 of the [American Convention], as well as [Articles] 4 and 5 therein, to the
detriment of José Erminso Sepúlveda”, and (c) “lack of jurisdiction of the Court […] with respect
to Zoila Miraval de Omeara and José Miguel Omeara Miraval, as they were not identified in
Article 50 of the [Commission’s] report, pursuant to Article 35(1) of the Court’s Rules of
Procedure.”
45.
The Court recalls that preliminary objections are objections that are prior in nature and
tend to hinder the analysis of the merits of a matter being questioned, by objecting to the
admissibility of a case or the jurisdiction of the Court to hear a particular case or any of its
aspects, whether due to the person, matter, time or place; as long as said statements are
preliminary in nature.24
46.
This Court notes that the State's questions are aimed at determining the alleged victims
and determining the factual framework in this case. For this reason, the Court considers that
the State's arguments are not considered as a preliminary objections, without prejudice to
which the State's proposal is resolved in this section, for which it will rename said arguments
as follows.
47.
For the sake of procedural economy, the Court will jointly analyze the approach indicated
in points (a) and (c), regarding the failure to establish certain presumed victims in the terms of
Article 35(1) of the Rules of Procedure, since they examine of allegations of similar nature.
A. Regarding José Erminso Sepúlveda Saravia and his next of kin, as well as Zoila
Miraval de Omeara and José Miguel Omeara Miraval due to lack of
identification in the Article 50 report of the Commission, pursuant to Article
35(1) of the Court’s Rules of Procedure.
A.1. Arguments of the Commission and the parties
A.1.a. Regarding José Erminso Sepúlveda Saravia and his next of kin
48.
The State argued that the representatives extemporaneously included José Erminso
Sepúlveda Saravia and six of his next of kin as victims in their pleadings and motions brief,
“contrary to the regulations and case law of this Court,” without justifying their exclusion before
the Commission and addition at this instance. It added that this case is not part of one of the
assumptions contained in Article 35(2) of the Rules of Procedure that could have prevented his
identification at the appropriate procedural moment, so this exception does not apply. It
24
Cf. Case of Las Palmeras v. Colombia. Preliminary Exceptions. Judgment of February 4, 2000. Series C No.
67, para. 34, and Case of Herzog et al. v. Brazil. Preliminary Exceptions, Merits, Reparations and Costs. Judgment of
March 15, 2018. Series C No. 353, para. 97.