24.
The Court recalls that preliminary objections are procedural acts that contest the
admissibility of an application, or the Court’s jurisdiction to hear a case, or any of its aspects,
based on the person, the issue, the time or the place.14 Accordingly, irrespective of whether
an assertion is defined as a preliminary objection, if the arguments presented cannot be
analyzed without considering elements that refer to the merits of the case, those aspects
cannot be addressed by means of a preliminary objection.15
25.
In this case, the Commission’s alleged failure to comply with the time limit for
presenting the curriculum vitae of the expert witnesses applies exclusively to the offer of
evidence proposed by the Commission, and does not affect the admissibility of the application
or prevent the Court from hearing the case. Accordingly, the Court dismisses this argument
since it does not properly constitute a preliminary objection.16
26.
Nevertheless, the Court points out that the President analyzed the admissibility of the
expert opinion offered by the Commission in the President’s Order calling for a hearing and
rejected said offer of evidence.17
V
PRIOR CONSIDERATION
27.
The State filed an objection to the inclusion of certain family members of Mr. Álvarez
as presumed victims in the case. The Court will consider the observations made by the State
and the representatives and will rule accordingly.
A.
Arguments of the State, observations of the representatives
28.
The State argued that the Court does not have jurisdiction to examine the facts related
to new victims added by the presumed victim in his brief with pleadings, motions and evidence.
In particular, it held that the direct family members of Mr. Tulio Álvarez should be excluded,
given that they were not specifically mentioned in the Merits Report of the Inter-American
Commission, and are therefore not included in the factual framework of the dispute.
29.
The Commission did not submit observations in this regard.
30.
The representatives argued that the measure barring Mr. Álvarez from leaving the
country and his disqualification from holding public office had the effects of self-censorship,
intimidation, persecution for political reasons, judicial harassment and criminalization of Mr.
Álvarez, all of which had a psychological impact not only on himself but also on members of
his family. This fact was corroborated by the testimonies of his mother and his wife, and by
the statement of the expert witness Claudia Carillo. The representatives subsequently
requested that the reparations include a sum for his wife and daughters for moral damage.
B.
Considerations of the Court
Cf. Case of Castañeda Gutman v. Mexico. Preliminary objection, merits, reparations and costs. Judgment of August
6, 2008, para. 39; Case Muelle Flores v. Peru. Preliminary objections, merits, reparations and costs. Judgment of
March 6, 2019, Series C, No. 375, para. 20.
15
Cf. Case of Las Palmeras v. Colombia. Preliminary objections. Judgment of February 4, 2000, Series C, No. 67,
para. 34; and Case of Women Victims of Sexual Torture in Atenco v. Mexico. Preliminary objections, merits,
reparations and costs. Judgment of November 28, 2018, Series C, No. 374, para. 21.
16
Cf. Case of Tristán Donoso v. Panama. Preliminary objection, merits, reparations and costs. Judgment of January
27, 2009, Series C, No. 193, paras. 16 and 17.
17
Cf. Case of Álvarez Ramos v. Venezuela. Order of the President of the Inter-American Court of Human Rights of
June 21, 2018. Available at: http://www.corteidh.or.cr/docs/asuntos/alvarez_21_06_18.pdf.
14
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