4
corresponding to these three categories are all victims – without any need for further
qualification – of the violation suffered.
13.
The definition of the existence of victims and their identification – and,
evidently, this does not necessarily have to be done by the first and last names
recorded on a certification from the registry office in accordance with the strict
formalities of domestic law – forms part of the presentation of the facts by the entity
that submits the case to the consideration of the Inter-American Court. Hence, the
Commission’s application should include a list of the victims, together with all the
facts of the case.
14.
The Court’s Rules of Procedure (the fourth version, resulting from the Court’s
observations and experience, in force in recent years) are explicit in this regard when
they state that, in the application brief, the Commission “shall include [...] the name
and address of the alleged victims…” (Article 33(1)). This provision should be related
to the definition of the alleged victim contained in Article 2(30) of this instrument:
“the person whose rights under the Convention are alleged to have been violated.”
Evidently, as the Court’s case law has stated insistently, this does not prevent the
victim or his representatives from submitting considerations on the violations
committed, provided these refer to the facts set forth by the body authorized to file
the international proceedings on human rights issues, in accordance with its
attributes under the Convention.
15.
The realism inherent in human rights proceedings, the purpose of knowing
the historic truth, and the exclusion or avoidance of excessive formalities, does not
excuse the Court from complying with its obligations in keeping with its jurisdictional
function, or authorize it to conduct investigations or assume hypotheses that are the
responsibility of the actor rather than the judge. It would be a cause for concern if
the Court began to interpret at its own discretion – in reality, to modify – the terms
of its attributes and thus generate legal uncertainty; this would impair the objectivity
of the proceedings and the rights of the parties. The Court’s conduct, within the
framework of the competence attributed to it by the norms on which its powers are
based, is the guarantee of legal certainty and, thus, justice. It expresses the rule of
law and banishes any temptation to introduce discretionality or arbitrariness.
16.
Exceeding these limits, even for (possibly) plausible reasons would erode or
annul the trust that the Court deserves, which, in turn, has a favorable effect on
justice and the justiciable facts. Evidently, in certain circumstances, it might be
desirable to modify – and expand – the Court’s jurisdiction, but this must be
accomplished by reforming its regulations, also pursuant to the rule of law, and not
by its own actions that lack legal basis, even though they may be attractive for some
justiciable facts and for judges who embark of this dangerous route.
17.
Although the formal presentation of a contentious case usually includes a
precise indication of the alleged violations, the article of the Convention to which
these violations refer, and the persons affected by them, there are some complex
cases in which the application does not contain the elements to precisely – and I am
not saying perfectly or absolutely – identify the individuals harmed by the violation.
In such cases, the Court may and should examine the information in the application
very carefully and respond as extensively as possible to the unresolved issues.
18.
In this way, the Court complies with its duty and serves the cause of justice
and the protection of human rights. What it cannot do, is exceed its powers, add
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