19
respond to the allegations of the Commission and the representatives at all stage of
the proceedings. Finally, it is for the Court to decide on the admissibility of
allegations in each case in order to safeguard the procedural equality of the parties.10
The case of supervening facts is different, since they may be presented by any of the
parties at any stage of the proceedings prior to delivery of the judgment.11
90.
The Court will now determine, pursuant to the Rules of Procedure and its case
law, and bearing in mind the characteristics of this specific case, which of the people
who were not included by the State’s acknowledgement of responsibility will be
considered alleged victims in this case.
91.
The Court has developed extensive case law on the determination of alleged
victims in the cases it hears using criteria applicable to the circumstances of this
case. According to Article 50 of the Convention, the alleged victims must be indicated
in the application and in the Commission’s report. However, owing to the
particularities of each case this has not always been so, and the Court has therefore
considered as alleged victims persons who were not alleged as such in the
application, provided that the right to defense of the parties has been respected and
that the alleged victims have some connection with the facts described in the
application and the evidence provided to the Court.12
92.
Particularly in cases of massacres or of multiple victims, the Court has been
flexible in the identification of alleged victims, even when they have been alleged in
the Commission’s application as “the survivors” of the massacre and “their next of
kin,” or when the parties have submitted additional information on the identification
of the alleged victims in briefs submitted subsequent to the application.13 In other
cases involving massacres, the Court has considered as alleged victims, “the persons
identified by the Commission in its application [...] and those who may be identified
subsequently, since the complexities and difficulties in individualizing them, suggest
that there are still other victims to be determined.”14
93.
In some cases, the Court has emphasized that the right to defense of the
parties is the determining criteria.15 Nevertheless, even in the presence of objections
10
Cf. Case of the Pueblo Bello Massacre, supra note 9, para. 54; and Case of the “Mapiripán
Massacre”, supra note 8, para. 58.
11
Cf. Case of the Sawhoyamaxa Indigenous Community, supra note 9, para. 69; Case of the Pueblo
Bello Massacre, supra note 9, para. 54; and Case of the “Mapiripán Massacre”, supra note 8, paras. 57
and 59.
12
Cf. Case of Acevedo Jaramillo et al. Judgment of February 7, 2006. Series C No. 144, para. 227;
Case of the “Mapiripán Massacre”, supra note 8, para. 183; Case of the Moiwana Community. Judgment of
June 15, 2005. Series C No. 124, para. 74; Case of the “Juvenile Reeducation Institute”. Judgment
September 2, 2004. Series C No. 112, para. 111; and Case of the Plan de Sánchez Massacre. Judgment of
April 29, 2004. Series C No. 105, para. 48.
13
Cf. Case of the Moiwana Community, supra note 12, para. 74; and Case of the “Juvenile
Reeducation Institute”, supra note 12, para. 111
14
Cf. Case of the Plan de Sánchez Massacre, supra note 12, para. 48.
“Mapiripán Massacre”, supra note 8, paras. 183 and 305.
Cf. likewise, Case of the
15
Cf. Case of the Moiwana Community, supra note 12, para. 74; and Case of the “Juvenile
Reeducation Institute”, supra note 12, para. 111.
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