21
they are members of family clans with similar names and surnames, 42 or when they are
migrants. 43 It has also considered the conduct of the State, for example, when there are
allegations that the lack of investigation contributed to the incomplete identification of the
alleged victims. 44
58.
The instant case is collective and involves 28 alleged victims identified in the Report on
Admissibility and Merits, as well as Marcelina Guillén Riveros. Furthermore, the Court notes that
the facts of this case took place during an armed conflict (infra para. 85) and that, according to
Marcelina Guillén Riveros, she lives in a rural area far from where her sister Dionicia Guillén
Riveros lived, with major technological, logistical and lifestyle obstacles to communication. In
addition, when the Report on Admissibility and Merits was issued in 2011, the family members
of Marcelina Guillén Riveros identified in the case (Justiniano Guillén Ccanto and Victoria Riveros
Valencia, her father and mother) had died, which would have made it even more difficult to
identify her. 45 In this context, the Court considers it reasonable to assume that it would have
been complicated to identify Marcelina Guillén Riveros as an alleged victim. Therefore, in
application of Article 35(2) of the Rules of Procedure, the Court will consider her as an alleged
victim in this case.
B. Regarding the alleged victim Marino Huamaní Vergara
59.
At the public hearing and in its final written arguments, the State requested that the
Court declare the withdrawal of Marino Huamaní Vergara as an alleged victim in the case, since
in a letter of January 12, 2015, the representatives reported that he “has stated that, for personal
reasons, he does not wish to participate in the litigation of the case.” According to Peru, “this is
therefore a unilateral, free and voluntary decision that must be taken into account by the Court
[…] when making its decision.”
60.
In this regard, this Court confirmed that Marino Huamaní Vergara was identified in the
Report on Admissibility and Merits as an alleged victim and, in the order of the President of the
Court of December 4, 2014, the Court ordered him to testify about this case before a notary
public. 46 In a communication dated January 12, 2015, entitled “Submission of affidavits and
expert opinions formalized via email,” the representatives stated that Mr. Huamaní had indicated
that he did “not wish to participate in the litigation of the case,” for which reason “it was not
possible to obtain his affidavit,” and withdrew their proposal that he “testify in this international
proceeding.”
61.
In this context, it was not clear whether, by indicating that he did not wish to “participate
in the litigation of the case,” Mr. Huamaní Vergara was seeking to withdraw from the case as an
alleged victim or was merely requesting not to participate in its litigation through the submission
of a statement made before a notary public. During the public hearing, the representatives
argued that “the victim Huamaní Vergara indicated […] that “he did not want to continue with
the proceeding because of fear, because of his personal circumstances.” In their final written
arguments, the representatives also indicated that “Mr. Huamaní expressed his fear that he
would be exposed to reprisals, harassment or pressure from the State if he participated in this
Cf. Case of Río Negro Massacres v. Guatemala, supra, para. 48.
Cf. Case of Nadege Dorzema et al. v. Dominican Republic, supra, para. 30.
44
Cf. Case of Río Negro Massacres v. Guatemala, supra, para. 48, and Case of the Massacres of El Mozote and Nearby
Places v. El Salvador, supra, para. 50.
45
Cf. Statement made by affidavit on January 9, 2015, by Marcelina Guillen Riveros (evidence file, folios 5069). Also, the
death certificates of Justiniano Guillén Ccanto and Victoria Riveros Valencia, father and mother of Marcelina Guillen
Riveros, were issued on December 29, 2001 and April 30, 2007 respectively (evidence file, folios 3745 to 3746).
46
Cf. Case of the Peasant Community of Santa Bárbara v. Peru. Order of the President of December 4, 2014, supra, first
operative paragraph.
42
43