of its factual basis (infra para. 52). Those documents will be assessed in the context of
the body of evidence as a whole.
44.
The Court finds it appropriate to admit the testimony and expert witness reports
given in this case, as they meet the objectives defined by the President in the Order to
receive them (supra para. 9). They will be examined in the corresponding chapter,
together with the other elements of the body of evidence, taking into account the
comments submitted by the State. 26 Pursuant to this Tribunal's jurisprudence, the
testimony given by the alleged victims cannot be weighed in isolation. Rather, it will be
examined together with the rest of the evidence in the proceeding, as it is useful
because it can provide more information on the alleged violations and their
consequences. 27
VII
PRELIMINARY CONSIDERATIONS
A.
Alleged victims.
45.
In the application, the Inter-American Commission asked the Court to find a
violation of Articles 5, 8, and 25 of the American Convention, to the detriment of Mr.
Torres's “family members.” Likewise, it “br[ought]to the Court’s [...] attention that at
the time the [R]eport on the merits was approved, it made a generic reference to the
relatives of Iván Eladio Torres,” but that in addition, “the mother, María [Leontina]
Millacura Llaipén, Iván’s sister, Fabiola Valeria Torres, his brother, Marcos [Alejandro]
Torres [Millacura], and Ivan [Eladio Torres Millacura’s] niece, Evelyn Paola Caba, were
mentioned as victims.” The Commission added that nevertheless, “following the approval
of the [R]eport on the merits and in light of the practices existing at that time, the
petitioners reported to the Commission of other relatives. Among them were his brotherin-law, Juan Pablo Caba, and two more nieces: Ivana Valeria Torres and Romina Marcela
[Torres],” to which reason the Commission “add[ed]” their names to its application.
46.
The representatives expressed that the Rules of Procedure of the Court “seem to
limit its own capacity to interpret the [American Convention] by putting the
‘identification of the alleged victims]’ under the [Commission’s] authority. This
consequently limits [the alleged victims] in their right to access the [Court’s] jurisdiction
brief of pleadings, motions, and evidence, which must be duly individualized and identified, in accordance with
Article 28(3) of the Court's Rules of Procedure.” (case file on the Merits, tome I, folio 605).
The
representatives submitted, for example, complete or almost complete tomes of the case file already submitted
by the Commission to the Court, without specifying which documents they were submitting to the Tribunal.
26
The State expressed that in the statements rendered by affidávit by Miguel Ángel Sánchez and Tamara
Elizabeth Bolívar “reference is made to facts and situations far from the specific purpose that they were asked
to testify about, reason for which the State understood that considerations regarding the alleged strictly
personal experiences referred to by both declarants should not be taken into account by the Court.” Moreover,
it noted that the Statement of Mr. Marcos Alejandro Torres Millacura, the answer to the question regarding the
work carried out by Mr. Iván Eladio Torres Millacura before October 2, 2003, lacked probative substance, a
circumstance which “did not allow for its consideration as an element that could establish the reparatory claims
of the petitioner.” Regarding the expert opinion rendered by Mr. Gastón Adrián Zoroastro, the State noted that
he indicated that he had carried out “3 family interviews: one with the mother and daughter, with the mother
and son, and another with the mother and both children,” but, nevertheless, upon continuation, made a
separate reference to that stated by each one of the adults without going into detail on the situation of Fabiola
Valeria Torres “given her advanced stage of pregnancy,” without specifying anything regarding the three nieces
of Iván Eladio Torres Millacura.
27
Cf. Case of Loayza Tamayo V. Perú. Merits. Judgment of September 17, 1997. Series C No. 33, para.
43; Case of Vera Vera et al. V. Ecuador, supra note 17, para. 24, and Case of Chocrón Chocrón V. Venezuela,
supra note 24, para. 34.
15