7
67.
The Inter-American Commission presented in its application a list of 10 alleged victims
of the facts of the present case, specifically: Hugo Muñoz Sánchez, Dora Oyague Fierro,
Marcelino Rosales Cárdenas, Bertila Lozano Torres, Luis Enrique Ortiz Perea, Armando Richard
Amaro Cóndor, Robert Edgar Teodoro Espinoza, Heráclides Pablo Meza, Juan Gabriel Mariños
Figueroa, and Felipe Flores Chipana, as well as of 55 of their next of kin. The Court points out
that evidence of the relationship was not presented with the application with regard to 46 of
those alleged next of kin included in the text of the same. On the other hand, the representatives
presented documents regarding 38 of those next of kin of alleged victims as evidence to facilitate
adjudication of the case requested by the Tribunal (supra paras. 33 and 36).
[…]
69.
In its brief of pleadings and motions the representatives included four people considered
next of kin of the alleged victims that had not been included in the application[…]. On that
opportunity the proof of the relationship was not presented. Besides, said people were included
by the Commission in its brief of final arguments and the representatives presented certain
documents regarding said individuals as evidence to facilitate adjudication of the case requested
by the Tribunal.
70.
In its final written arguments the Commission included two people that were not
included in the application in the list of the next of kin of the alleged victims[…], based on their
inclusion in statements offered before notary public by two of the next of kin.
[…]
72.
This Tribunal’s jurisprudence with regard to the determination of alleged victims has
been ample and adjusted to the circumstances of each case. The alleged victims must be
included in the application and in the Commission’s Report adopted in the terms of Article 50 of
the Convention. Therefore, pursuant to Article 33(1) of the Rules of Procedure it corresponds to
the Commission, and not to this Tribunal, to identify the alleged victims in a case before the
Court with precision and on the due procedural opportunity […]. However, in its defect, on some
occasions the Court has considered as victims people that were not included as such in the
application, as long as the parties’ right to a defense have been respected and the alleged victims
are linked to the facts described in the application and the evidence presented before the Court
[…].
73.
This Tribunal will use the following criteria to define who else they will consider as
alleged victims and their next of kin in the present case: a) the procedural opportunity in which
they were identified; b) the acknowledgment of responsibility made by the State; c) the evidence
regarding the same, and d) the characteristics of this specific case.
74.
On this occasion, the Tribunal has found itself in the need to carry out a laborious
assessment of the evidence presented by the Commission and the representatives, as well as to
request additional documents as evidence to facilitate adjudication of the case, oriented to
obtaining the elements necessary for the precise identification of the alleged victims. After the
analysis, the Tribunal has found the different situations mentioned in the previous paragraphs
(supra paras. 67 through 71).
[…]
29.
Having clarified who is considered as having the nature of alleged victims for the
effect of the proceedings, in effect in the chapter on Proven Facts (paragraphs 80(106) and
80(100)) the Court considered as proven, inter alia, that Mrs. Carmen Juana Mariños
Figueroa and Mr. Marcelino Marcos Pablo Meza were the sister and brother, respectively, of
Messrs. Juan Gabriel Mariños Figueroa and Heráclides Pablo Meza. Later, in the following
chapters, the Court assessed if there was evidence to determine if these persons were
victims themselves of the alleged violations to the Convention. That is, regardless of the fact
that their relationship with the victims was proven, the Court went on to establish if the
State was responsible for an alleged violation of a right protected by the Convention in their
detriment.
30.
Thus, for example, the Tribunal made the following considerations in the chapter
regarding the alleged violation of Article 5 of the Convention:
124.
Following its jurisprudence […], the Court determines now if the suffering brought on as
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