18
1.
When the application has been admitted, the alleged victims, their next of kin or
their duly accredited representatives may submit their pleadings, motions and
evidence, autonomously, throughout the proceeding.
2.
When, there are several alleged victims, next of kin or duly accredited
representatives, they shall designate a common intervenor who shall be the only
person authorized to present pleadings, motions and evidence during the
proceedings, including the public hearings.
3.
In case of disagreement, the Court shall make the appropriate ruling.
82.
The individual’s access to the Inter-American system for the protection of
human rights cannot be restricted based on the requirement to have a legal
representative. The application can be presented by a person other than the alleged
victim. The Court has stated that “the formalities that characterize certain branches of
domestic law do not apply to international human rights law, whose principal and
determining concern is the just and complete protection of those rights.”4
83.
Article 33 of the Rules of Procedure in force when the application was lodged
indicated that “when this is possible,” the Commission should include the name and
address of the alleged victims, their next of kin or their duly accredited
representatives. It is understood that the omission of this information does not entail
the rejection of the application. Article 35 of the Rules of Procedure established that
the application would be notified, inter alia, to “the alleged victim, his next of kin, or
his duly accredited representatives, if applicable.” The possibility of the alleged victims
or their next of kin not having appointed representatives was therefore envisaged.
84.
The scope of the provisions of these Articles of the American Convention and
the Rules of Procedure must be interpreted by the Court in accordance with their
purpose and object, which is the protection of human rights,5 and according to the
principle of the effet util of the norms.6
85.
The said Article 23 of the Rules of Procedure, which regulates the participation
of the alleged victims in the proceedings before the Court, when the application has
been admitted, contains one of the most important regulatory modifications introduced
in the Rules of Procedure adopted on November 24, 2000, which entered into force on
June 1, 2001. This norm recognizes the right of the alleged victims and their next of
kin to participate, autonomously, throughout the proceedings. The previous Rules of
Procedure of the Court granted them a more limited legitimacy. The Court could not
interpret the said Article 23 of the Rules of Procedure by restricting the rights of the
alleged victims and their next of kin and ceasing to hear a case when they do not have a
duly accredited representative.
Cf. Case of Castillo Petruzzi et al. Preliminary objections. Judgment of September 4, 1998. Series C
No. 41, para. 77.
4
5
Cf. Case of Ricardo Canese. Judgment of August 31, 2004. Series C No. 111, para. 178; Case of the
19 Tradesmen. Judgment of July 5, 2004. Series C No. 109, para. 173; and Case of Baena Ricardo et al.
Competence. Judgment of November 28, 2003. Series C No. 104, para. 100.
6
Cf. Case of the Serrano Cruz Sisters. Preliminary objections. Judgment of November 23, 2004.
Series C No. 118, para. 69; Case of Baena Ricardo et al. Competence, supra note 5, paras. 66, 67 and 100;
and Case of Constantine et al. Preliminary objections. Judgment of September 1, 2001. Series C No. 82,
para. 74.