the Judgment to the rightful need for justice of the inhabitants of the five places where [the]
facts occurred” in the instant case. In this regard, the Court noted that the representatives
presented evidence concerning the identity of the persons they indicated as presumed
victims in this case; in particular, providing birth and death certificates, and testimony given
by third parties before notary public. In the case file, the Court also has testimony given
before prosecutors and court authorities during the domestic criminal proceedings in which
the names of presumed victims indicated by the representatives are also mentioned. Given
that the State did not contest this evidence, the Court finds that it is sufficient to prove the
existence and identity of the presumed victims named by the representatives, most of whom
were also presented by the Commission.
50.
The Court also observes that, following the presentation of its final written
arguments, the State withdrew its acknowledgment of international responsibility for the
violation of the rights recognized in Articles 6 and 17 of the American Convention to the
detriment of “Juan Burrero,” since this individual’s correct name is “Juan Osorio Alvarado,”
who, according to the State, at the time of the facts was not a minor. However, the evidence
in the case file shows that Juan Osorio Alvarado was a minor at that time and also when the
State accepted the Court's contentious jurisdiction.26 The Court also observes that, on at
least three procedural occasion, namely in its answer to the submission, during the public
hearing, and in its final written arguments, the State reiterated its acknowledgment of
responsibility for the violation of the said rights to the detriment of “Juan Burrero.” In other
words, the State could have verified the identity and name of Juan Burrero and, yet, did not
raise an objection until after the representatives had corrected this person’s name, indicating
that his correct name is Juan Osorio Alvarado. In this regard, since it is the same person, the
State’s argument for not recognizing Juan Osorio Alvarado as an alleged victim is
inadmissible.
51.
Lastly, based on the provisions of Article 35(2) of the Court’s Rules of Procedure,
since this case deals with five massacres, and taking into account its magnitude, the nature
of the facts, and the time that has passed, the Court finds it reasonable that the
identification and individualization of each presumed victims is complex. Nevertheless, as
already mentioned, in order to decide this case, the Court must have a minimum level of
certainty regarding the existence of the said individuals. Based on the foregoing, and
considering that the State does not oppose including other individuals as presumed victims,
provided that this is in keeping with the preliminary objection filed, and “no error or
ambiguity in their identification is determined,” owing to the special characteristics of this
case, the Court will consider as presumed victims those persons identified and individualized
by the representatives who have suffered any human rights violation that is included within
the sphere of the Court’s temporal competence and the State’s partial acknowledgment of
responsibility, as decided in Chapters IV and V of this Judgment, since the Court has the
necessary evidence to confirm the identity of each of those persons.27
B.
Other facts and human rights violations alleged by the representatives
52.
The representatives alleged the presumed forced disappearance of 32 persons, which
occurred after the five massacres that are the subject of the instant case. However, the
Court notes that the Commission did not mention the facts alleged by the representatives in
26
Birth certificate of Juan Osorio Alvarado (file of attachments to the pleadings and motions brief, folio
16995). According to this document, Juan Osorio Alvarado was born on August 19, 1976.
27
The only person for whom the Court has no evidence is Regina Sic Siana, mentioned by the
representatives in their final written arguments and their corrigenda (merits file, tome III, folio 1572).
21