31
consider them as alleged victims since their existence was informed to the Court, at least
indirectly, through the appendixes to the application.
77.
Regarding the four persons listed by the representatives in their brief of requests and
arguments (supra para. 69), the Court finds that such persons are mentioned in the
affidavits made by the next of kin. Besides, and as evidence to facilitate the adjudication of
the case, the representatives submitted the birth certificate of two of said persons. The
state has not objected such request, which was included again in the written closing
arguments of the Commission and the representatives. Then, the Court shall analyze their
condition as as alleged victims in the corresponding paragraphs.
78.
As regards Carol Denisse Muñoz-Atanasio, who seems to be the daughter and heir of
Hugo Muñoz-Sánchez (supra para. 71), the Court does not know the reasons why said
person has not been included as next of kin of the alleged victim neither by the InterAmerican Commission nor by the representatives. In spite of this, she shall be considered
alleged victim since her existence was made known to the Court by the State, at least
indirectly, in the appendixes attached to its closing arguments.
79.
Finally, according to the affidavits executed by the next of kin of the alleged victims,
and pursuant to the written closing arguments of the Commission (supra para. 70), there
are other two next of kin, to wit, Nicolasa León-Espinoza, the alleged grandmother of Robert
Edgar Teodoro-Espinoza, and Valeria Noemí Vajarro, the alleged niece of Armando Richard
Amaro-Cóndor. In connection with this, the Court finds that in the affidavits submitted, said
persons are mentioned, without any other information regarding their possible kinship, and
that in the written closing arguments the Commission did not give any ground for including
them as next of kin of the said alleged victims, but it only mentioned them. Therefore, the
Court shall not consider them alleged victims.
VII
PROVEN FACTS
80.
Upon examining the evidentiary elements filed in the instant case, the statements of
the parties, as well as the admission of the facts and acknowledgement of international
liability made by the State (supra paras. 51 and 58), the Court finds the following facts to
be proven:16
16
Paragraphs 80(1) to 80(66) of this Judgment refer to undisputed facts that this Court deems to be proven
based on the admission of facts and acknowledgement of liability made by the State, in the order and as described
in the application. Proof of some of said facts has been completed with other evidentiary elements, which have
been indicated in the corresponding footnotes. Furthermore, different paragraphs refer to facts taken from the Final
Report of the Truth and Reconciliation Commission, in which case the corresponding footnotes have also been
included. Besides, paragraphs 80(67) to 80(92), which deal with the pending criminal proceedings, refer to facts
that this Court deems to be proven on the grounds of the State´s acquiescence of liability and the evidentiary
elements gathered in the records of the domestic criminal proceedings, the majority part of which have been
submitted by the Commission as appendixes to the application, as well as evidence to facilitate the adjudication of
the case presented by the State. Finally, paragraphs 80(93) to 80(110), dealing with the next of kin, refer to the
facts that are deemed proven on the basis of the following evidence: official documents (birth, marriage and death
certificates), affidavits made by the next of kin and documents submitted as evidence to facilitate the adjudication
of the case.
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