5
Carmelina Mejía Ramírez, and José Rubén Rivera and their corresponding next of kin.3
Lastly, the Commission asked the Court to order the State to adopt various measures of
reparation, as well as to pay the costs and expenses.
4.
The State was notified of the application on August 17, 2010, and the representatives
on August 13, 2010.
5.
On October 13, 2010, Ester Alvarenga, Elsy Flores and Marina Cubías of the Search
Association and Viviana Krsticevic, Alejandra Nuño, Gisela De León and Luis Carlos Buob of
CEJIL, the organizations representing the alleged victims (hereinafter “the representatives”)
submitted to the Court their brief with pleadings, motions and evidence under Article 24 of
the Rules of Procedure. The representatives indicated that the State was responsible for
violating the same rights alleged by the Commission. In addition, they alleged the violation
of the right to the truth, understood as a violation of the rights contained in Articles 8, 13
and 25 of the Convention. Lastly, they asked the Court to order the State to adopt certain
measures of reparation and to pay costs and expenses.
6.
On January 17, 2011, the State filed its brief answering the application and with
observations on the pleadings and motions brief.4 In its brief, the State acknowledged and
accepted the facts alleged in the application and in the brief with pleadings, motions and
evidence, and thus the dispute in this regard presumably concluded (see infra chapter IV).
The State also “waived the possibility of filing preliminary objections” and, “in application of
Article 62(2) of the American Convention, declare[d] its acceptance of the Inter-American
Court’s jurisdiction […] in this specific case” (see infra chapter III). Consequently, the State
asked the Court to accept the scope of its acknowledgement of international responsibility as
well as the terms offered for the measures of reparations in this case, and to rule on costs
and expenses in keeping with the parameters established in its case law. Subsequently, on
March 7, 2011, it presented a brief clarifying the scope of the acknowledgment of State
responsibility. On September 7, 2010, the State appointed David Ernesto Morales Cruz and
Sebastián Vaquerano as its Agent and Deputy Agent, respectively.
7.
On February 14, 2011, the representatives and the Commission presented their
comments regarding the State’s acknowledgment of responsibility. Also, on March 18 and
21, 2011, the Commission and the representatives, respectively, submitted their
observations concerning the clarifications submitted by the State on the scope of its
acknowledgement of State responsibility.
II
PROCEEDINGS BEFORE THE COURT
8.
In their pleadings, motions and evidence brief (supra para. 5), the alleged victims,
through their representatives, asked to have recourse to the Victims’ Legal Assistance Fund
3
In this regard, the Commission requested that the Court take into consideration the next of kin of Gregoria
Herminia, Serapio Cristian and Julia Inés Contreras: María Maura Contreras, mother, and Fermín Recinos, father;
Julia Gregoria Recinos Contreras, Marta Daisy Leiva Contreras, Rubén de Jesús, Sara Margarita and Santos Antonio
López Contreras, siblings. The next of kin of Ana Julia and Carmelina Mejía Ramírez: Avenicio, María Nely and
Santos Verónica Portillo, siblings; Reina Dionila Portillo de Silva, aunt, and Arcadia Ramírez Portillo, mother. The
next of kin of José Rubén Rivera: Margarita Dolores Rivera de Rivera, mother, and Agustín Antonio Rivera Gálvez,
father; Agustín Antonio, José Daniel, Milton, Irma Cecilia and Cándida Marisol Rivera Rivera, siblings.
4
In addition, responding to a request made in a note of the Secretariat of the Court dated November 17,
2010, the State submitted copies of case files 585-UDVSV-2008, 238-UDV-OFM-2-10 and 225-UDVSV-00 to be
incorporated into this case.