27.
In this regard, the Court recalls its consistent case law to the effect that the
presumed victims must be indicated in the Commission’s Merits Report issued under Article
50 of the Convention and in the submission of the case to the Court pursuant to Article
35(1) of the Rules of Procedure. 14 According to this article, it is for the Commission, and not
the Court, to identify the presumed victims in a case before it precisely and at the
appropriate procedural opportunity. 15 Legal certainty requires, as a general rule, that all the
presumed victims are duly identified in both briefs, and it is not possible to add new
presumed victims following the Merits Report, except in the exceptional circumstances
contemplated in Article 35(2) of the Court’s Rules of Procedure. 16 The Court notes that this
case does not involve one of the presumptions under the said Article 35(2) that could justify
the identification of presumed victims following the Merits Report or the submission of the
case.
28.
Therefore, in application of Article 35(1) of its Rules of Procedure and its consistent
case law, the Court declares that it can only consider as presumed victims those persons
who were identified in the Merits Report; in other words Melba del Carmen Suárez Peralta
and Melba Peralta Mendoza.
IV
COMPETENCE
29.
The Court is competent to hear this case, pursuant to Article 62(3) of the
Convention, because Ecuador has been a State Party to the Convention since December 28,
1977, and accepted the contentious jurisdiction of the Court on July 24, 1984.
V
EVIDENCE
30.
Based on the provisions of Articles 46, 47, 50, 57 and 58 of the Rules of Procedure,
as well as on its case law concerning evidence and its assessment, 17 the Court will examine
and assess the documentary probative elements forwarded by the parties at different
procedural moments, the statements and testimony provided by affidavit and during the
public hearing, and also the helpful evidence requested by the Court. To this end, it will
abide by the principles of sound judicial discretion, within the corresponding legal
framework. 18
14
Cf. Case of the Ituango Massacres v. Colombia. Preliminary objections, merits, reparations and costs.
Judgment of July 1, 2006. Series C No. 148, para. 98, and Case of Nadege Dorzema et al. v. Dominican Republic.
Merits, reparations and costs. Judgment of October 24, 2012. Series C No. 251, para. 29..
15
Cf. Case of the Ituango Massacres, supra, para. 98, and Case of García and family members v. Guatemala.
Merits, reparations and costs. Judgment of November 29, 2012. Series C No. 258, para. 34.
16
Case of Nadege Dorzema et al. v. Dominican Republic, supra, para. 29, and Case of García and family
members, supra, para. 34.
17
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Merits. Judgment of March 8, 1998.
Series C No. 37, paras. 69 al 76, and Case of the Massacre of Santo Domingo v. Colombia. Preliminary objections,
merits and reparations. Judgment of November 30, 2012. Series C No. 259, para. 41.
18
Cf. Case of the “White Van” (Paniagua Morales et al.), supra, para. 76, and Case of the Massacre of Santo
Domingo, supra, para. 41.
10