17
Considerations of the Court
77.
The State’s arguments concerning the objection of “Illegitimacy of the
representatives” focus on two main issues: (a) that some of the powers of attorney of
the alleged victims were not presented; and (b) that the powers granted to CENIDH
and CEJIL by some of the alleged victims contain “evident violations of the Nicaraguan
Notarial Act in force.”
a)
Failure to present the powers of attorney of all the alleged victims
78.
Article 44 of the Convention establishes that:
Any person or group of persons, or any non-governmental entity legally recognized in one or
more member states of the Organization, may lodge petitions with the Commission containing
denunciations or complaints of violation of this Convention by a State Party.
79.
Article 33 (Filing of the Application) of the Rules of Procedure of the Court, in
force when the Commission filed the application in this case before the Court3,
stipulated that:
The brief containing the application shall indicate:
(1)
The claims (including those relating to reparations and costs); the parties to the
case; a statement of the facts; the orders on the opening of the proceeding and the
admissibility of the petition by the Commission; the supporting evidence, indicating the
facts on which it will bear; the particulars of the witnesses and expert witnesses and the
subject of their statements; the legal arguments, and the pertinent conclusions. In
addition, the Commission shall include the name and address of the original petitioner, and
also the name and address of the alleged victims, their next of kin or their duly accredited
representatives, when this is possible.
(2)
The names of the Agents or the Delegates.
If the application is filed by the Commission, it shall be accompanied by the report referred
to in Article 50 of the Convention.
80.
Article 35 of the Rules of Procedure (Notification of the Application) establishes
that the Secretary shall notify the application to:
(a)
The President and the judges of the Court;
(b)
The respondent State;
(c)
The Commission, when it is not the applicant;
(d)
The original claimant, if known;
(e)
The alleged victim, his next of kin, or his duly accredited representatives,
if applicable.
81.
Article 23 (Participation of the Alleged Victims) of the Court’s Rules of
Procedure, which the State alleges “have not been complied with” in this case (supra
para. 74(a)), establishes that:
3
This Article was amended by the Court during its sixty-first regular session, on November 25, 2003,
with the addition of a third subparagraph. The addition entered into force as of January 1, 2004. The
application in this case was presented by the Commission on June 17, 2003.