136. As a preliminary point, the Court notes that even though the State has argued that a list of
victims already exists – corresponding to the list of victims recognized under the 2007 friendly
settlement agreement – that list does not include all the victims declared in this judgment who
appear in Annexes II to VIII hereof.
137. In this regard, the Court will consider as injured party, pursuant to Article 63(1) of the
Convention, anyone who has been declared a victim of the violation of any rights recognized therein
and who is mentioned in Annexes II to VIII of this judgment.225 Based on these criteria and the
evidence provided, this Court has been able to determine a number of victims that is notably less
than that of the lists provided by the Commission and the representatives because, in several cases,
the appropriate identification was missing or the necessary probative support that would give this
Court a minimum certainty about the existence of the victims referred to. 226 These people, who have
not been duly identified, are listed in Annex IX, which refers to those individuals regarding whom
there are indications that they could be victims, but about whom the Court does not have sufficient
information to declare them as such when delivering this judgment.
138. Because it has already established that, in this case, the application of the exception set out in
Article 35(2) of the Court’s Rules of Procedure is legitimately justified, the Court deems it pertinent
that, within twelve months of notification of this judgment, the representatives provide it with the
documentation authenticating the identity of the people named in Annex IX of this judgment. This is
so that these individuals may be considered victims in this case if it is possible to verify their identity.
The representatives must take the necessary steps to contact and inform all the victims named in
the said Annex IX so that they may present the required documentation and be identified fully within
the stipulated time frame. The Court will make the corresponding assessment when exercising its
authority to monitor this judgment.
139. The provisions in this subsection do not exclude the right of any inhabitant of the village of Los
Josefinos who was not presented as a victim by the representatives or the Commission, or who
appears in Annex IX of this judgment and has not been incorporated as a victim within the twelve
months established above, to require, pursuant to domestic law, the remedial measures that
correspond to them.
225
In this regard, as a result of the violations declared in this judgment, the annexes with the lists of victims are as follow:
I. Alleged victims of extrajudicial execution. Those mentioned in this annex were not declared victims in this case. The
Court includes their names only for the purpose of being able to determine their next of kin who have been considered
victims in this judgment, pursuant to its Chapters VIII-2 and VIII-3.
II. Victims of forced disappearance.
III. Surviving victims of the massacre.
IV. Victims of forced displacement.
V. Victims of the violation of the rights of the family.
VI. Victims of the violation of the rights of the child.
VII. Next of kin of disappeared victims.
VIII. Next of kin of alleged victims of extrajudicial execution.
The Court notes that its case file includes proof of the identity of some of the people indicated as victims in this case;
particularly, birth certificates, baptismal certificates, death certificates and powers of attorney that were provided by the
representatives. Also, there are affidavits and statements made during the public hearing before the Inter-American Court,
as well as statements made before the judicial authorities in the context of the domestic criminal investigation, that also
mention the names of individuals who the representatives have indicated as victims. Since this evidence was not challenged
by the State, the Court finds that it is sufficient to verify the existence and identity of those included on the Commission’s
lists, as well as on the list presented by the representatives.
226
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