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

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