31.
In relation to the identification of presumed victims, the Court recalls that Article 35(1)
of the Court’s Rules of Procedure establishes that a case shall be submitted through
presentation of the Report on Merits, which shall identify the presumed victims. Therefore, it
is up to the Commission to precisely identify, at the appropriate procedural moment, the
presumed victims in a case before the Court,18 except in the exceptional circumstances
contemplated in Article 35(2) of the Court’s Rules, which states that when it has not been
possible to identify one or more of the alleged victims who figure in the facts of the case
because it concerns massive or collective violations, the Court shall decide whether to consider
those individuals as victims.19
32.
The Court finds that in this case it is not appropriate to apply the exception
contemplated in Article 35(2) of the Rules of Procedure. Therefore, it admits the objection
presented by the State, and will only consider Mr. Tulio Álvarez as the presumed victim.
VI
EVIDENCE
33.
The Court received several documents presented as evidence by the State, the
representatives, and the Commission, attached to their principal briefs (supra paras. 1, 7 and
8). The Court admits those documents presented by the parties and the Commission at the
appropriate procedural opportunity that were not disputed or challenged.
34.
In addition, the Court points out that the State submitted various observations to the
annexes provided by the representatives with their final written arguments. 20 These
observations refer to the content and probative value of the documents and do not constitute
an objection to their admission.
35.
As to the evidence submitted during the public hearing, the Court received the
statements of the presumed victim, Mr. Tulio Álvarez; of the witness Esther Quiaro, proposed
by the State; and the expert opinions of Catalina Botero and Magaly Vázquez, proposed by
the representatives. The Court also received the affidavits of Carmen Guadalupe Ramos, Anna
Mercedes Martínez, Mirtha Güedez Campero, Ibéyise Pacheco, Víctor Arturo Gil La Rosa,
Andrés Raúl Paez Pedauga, Elías Reinaldo Álvarez Leal, Leonel Alfonso Ferrer, Claudia
Ernestina Carrillo Ramírez,21 and Juan Carlos Tabarez Hernández, 22 proposed by the
representatives and the State. The Court deems it pertinent to admit the statements made
during the public hearing and the affidavits, insofar as these are in keeping with the purpose
defined in the order requiring them and the purpose of this case.
VII
FACTS
Cf. Case of the Ituango Massacres v. Colombia. Preliminary objection, merits, reparations and costs. Judgment of
July 1, 2006, Series C, No. 148, para. 98; and Case of Omeara Carrascal et al. v. Colombia. Merits, reparations and
costs. Judgment of November 21, 2018, Series C, No. 368, para. 55.
19
Cf. Case of the Río Negro Massacres v. Guatemala. Preliminary objection, merits, reparations and costs. Judgment
of September 4, 2012, Series C, No. 250, para. 48; and Case of Cuscul Pivaral et al. v. Guatemala. Preliminary
objection, merits, reparations and costs. Judgment of August 23, 2018, Series C, No. 359, para. 27.
20
The State presented various observations to the annexes, arguing that it was not sufficient to provide the evidentiary
documents, but that the parties must present arguments linking the evidence to the facts considered represented, and that,
since the matter concerns alleged financial disbursements, the items of expenditure and their justification must be clearly
specified.
21
The representatives of the presumed victim requested the substitution of the expert witness Magdalena López de
Ibañez, summoned to render her testimony by affidavit, for Claudia Carrillo Ramírez. Decision of August 23, 2018:
http://www.corteidh.or.cr/docs/asuntos/alvarezramos_23_08_18.pdf.
22
The State requested that the expert witness Federico Fuenmayor be replaced by Mr. Juan Carlos Tabarez
Hernández. Decision of August 23, 2018: http://www.corteidh.or.cr/docs/asuntos/alvarezramos_23_08_18.pdf.
18
8