29
included in the list has been filed with the application.10 On the other hand, the
representatives filed documentation regarding 38 of such next of kin of alleged victims as
evidence requested by the Court to facilitate the adjudication of the case (supra paras. 33
and 36).
68.
In turn, the Court points out that in a document of 1996 issued by the Permanent
Representation of Perú before the OAS, filed as an appendix to the application, there is a list
of the heirs that would have received, up to that date, a pecuniary compensation ordered by
the Consejo Supremo de Justicia Militar (Supreme Council of Military Justice) (infra paras.
80(55) and 80(56)) in its judgment of March 3, 1994. Said list includes the names of Zorka
Milushka Muñoz-Rodríguez, as daughter of the alleged victim Sánchez-Muñoz, and Celso
Flores-Quispe and Carmen Chipana, as parents of Felipe Flores-Chipana.11 However, neither
the Commission, in the application, nor the representatives, in their brief of requests and
arguments, included said persons in the list of the next of kin of the alleged victims.
69.
In the brief of requests and arguments, the representatives included, among the
next of kin of the alleged victims, four persons that have not been named in the
application.12 At that time, no proof of kinship was submitted. Besides, said persons were
included by the Commission in the closing arguments and the representatives filed certain
documentation related to said persons as evidence requested by the Court to facilitate
adjudication of the case.
70.
In the closing arguments, the Commission included, in the list of the next of kin of
the alleged victims, the names of two persons that had not been included in the
application,13 as they had already been named in the affidavits made by two next of kin.
71.
Finally, according to one of the appendixes to the closing arguments of the State,
there is an official document where the name of Carol Denisse Muñoz-Atanasio is included
as the legal heir of Hugo Muñoz-Sánchez in connection with the civil compensation ordered
in the judgment of the CSJM of March 3, 1994 (supra para. 68 and infra para. 80(55) and
80(56)(d)).
72.
The case law of this Court regarding the determination of the alleged victims has
been broadened and adapted to the circumstances of each particular case. The alleged
victims must be included in the application and in the Report of the Commission drawn
Alberto Amaro-Cóndor, Juan Luis Amaro-Cóndor, Martín Hilario Amaro-Cóndor, Francisco Manuel Amaro-Cóndor,
José Ariol Teodoro-León, Edelmira Espinoza-Mory, José Faustino Pablo-Mateo, Serafina Meza-Aranda, Celina PabloMeza, Cristina Pablo-Meza, Marcelino Marcos Pablo-Meza, Dina Flormelania Pablo-Mateo, Isabel Figueroa-Aguilar,
Román Mariños-Eusebio, Carmen Juana Mariños-Figueroa, Viviana Mariños-Figueroa, Marcia Claudina MariñosFigueroa, Margarita Mariños-Figueroa de Padilla, Wil Eduardo Mariños-Figueroa, Rosario Carpio Cardoso-Figueroa.
Only the evidence of the following persons has been submitted: Víctor Andrés Ortiz-Torres, Magna Rosa
Perea de Ortiz, Román Mariños- Eusebio, Isabel Figueroa-Aguilar, Hilario Amaro-Hancco, Alejandrina Raida CóndorSaez, Augusto Lozano-Lozano, Juana Torres-Córdova and Demesia Cárdenas-Gutiérrez.
10
However, the Court points out that in the birth certificate of Felipe Flores-Chipana, the name of his father
is included as Silvestre Flores-Quispe.
11
Jaime Oyague-Velazco, uncle of Dora Oyague-Fierro; Andrea Dolores Rivera-Salazar, cousin of Luis
Enrique Ortiz-Perea; Susana Amaro-Cóndor, sister of Armando Richard Amaro-Cóndor, and Bertila Bravo-Trujillo,
partner of the father of Robert Edgar Teodoro-Espinoza.
12
Nicolasa León-Espinoza, grand-mother of Robert Edgar Teodoro-Espinoza, and Valeria Noemí Vajarro (or
Najarro), cousin of Armando Richard Amaro-Cóndor.
13
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