PRIOR CONSIDERATIONS
A
Alleged victims
25.
In the application, the Inter-American Commission indicated that it
“made the Court aware [...] that in keeping with its constant practice, at the
time the [R]eport [on admissibility and the merits] was approved, it referred
generally to Pedro Miguel Vera Vera's next of kin and mentioned the
individuals whose names were found in the case file at the time a decision
was made.” Those individuals were Pedro Miguel Vera Vera and his mother,
Francisca Mercedes Vera. However, after the report was approved, “according
to practice at that time, the petitioners informed the Commission of other
relatives,” those being Agustín Abraham Vera Vera, Patricio Rubén Vargas
Vera, and Johanna Vargas Vera, as well as Francisco Rubén Vargas Balcázar,
siblings and stepfather of Pedro Miguel Vera Vera, respectively. The
Commission indicated that for this reason, “it include[d] the names of [those]
individuals in the [application].”
26.
In its final written arguments, the Commission reiterated the foregoing
and indicated that “the sworn statements submitted by the representatives
regarding the next of kin corroborate[d] their status as victims in the present
case.” Likewise, it mentioned that “the report on admissibility and merits [...]
was approved under a process of adaptation of the practices of the
Commission to the changes in the practice of the Court on the inclusion of
family members as victims.” It agued that “the Tribunal should weigh the
fact that at the time it changed its criteria in this regard, the practices and
regulations of the Commission were still applicable. Under these practices, the
proper procedural moment for the submission of all of the affected family
members was subsequent to the issuance of the merits report. In that
understanding, the petitioners in the present case provided complete
information on this point through the brief mentioned in Article 43(3) of the
Commission’s Rules of Procedure then in force.” Finally, the Commission
"highlight[ed] that the State of Ecuador [could have] exercise[d] its right of
defense on the inclusion of family members named in the application, both in
its answer and at the public hearing.
27.
The Tribunal notes that the admissibility and merits report of the
Inter-American Commission only indicates Pedro Miguel Vera Vera and
Francisca Mercedes Vera as victims. It likewise observes that in the
application, in addition to those individuals, the Commission also presented
Agustín Abraham Vera Vera, Patricio Rubén Vargas Vera, Johanna Vargas
Vera, and Francisco Rubén Vargas Balcázar as victims. Those individuals are
also indicated as victims by the representative in the brief of pleadings and
motions.
28.
In that regard, the Court recalls that in since 2007, 16 its jurisprudence
has repeatedly established that alleged victims must be indicated in the
16
Since the Case of García Prieto et al. V. El Salvador. Preliminary Objections, Merits,
Reparations and Costs. Judgment of November 20, 2007. Series C No. 168, paras. 65 to 68, and
the Case of Chaparro Álvarez and Lapo Íñiguez V. Ecuador. Preliminary Objections, Merits,
Reparations and Costs. Judgment of November 21, 2007. Series C No. 170, paras. 224 to 225.
These judgments were adoped by the Court during hte same period of sessions, See also, Case of
12