56 they had been able to locate the following family members of Diomedes: Diomedes Tito García, father, Ester Patricia García Sánchez, Jorge Moisés García Sánchez, and Fidelia Sarahí García Sánchez, siblings, and Lidia Sánchez Loredo and Betania García Casildo, aunts. Besides, they informed that Mrs. Andrea Sánchez Loredo, mother of the victim, had passed away in the year 1985. They enclosed the birth certificates of the parents and siblings, and the death certificate of the victim’s mother. Prior to that finding and during the processing of the case before the Inter-American system, both the Commission and the representatives had stated that they had not been able to “locate [the parents of Diomedes], since the youngster did not have any type of relationship with them and at the time of his killing he lived in a welfare house for minors in street situations […]”. 158. The jurisprudence of this Tribunal, in what refers to the determination of who the victims are, has been ample and adjusted to the circumstances of the case. The alleged victims must be identified in the application and in the report of merits of the Commission issued pursuant to Article 50 of the Convention. Therefore, pursuant to Article 33(1) of the Rules of Procedure of the Court, it corresponds to the Commission, and not to this Tribunal, to identify with precision, and in the due procedural opportunity, the alleged victims in a case before the Court.94 However, in its defect, on some occasions the Court has considered as victims people that were not argued as such in the application, as long as the right to defense of the parties has been respected and that the alleged victims are related to the facts described in the application and with the evidence presented to the Court.95 159. In this regard, since the father of Diomedes Obed García Sánchez had been included in the brief of pleadings and motions, and that subsequently the representatives proved the existence of Ester Patricia García Sánchez, Jorge Moisés García Sánchez, and Fidelia Sarahí García Sánchez and of their corresponding bonds or relationships with Diomedes Obed García Sánchez, this Court, in consideration of the fact that their lack of inclusion was due to a difficulty in finding them, and that their location was only possible after the presentation of the application and the brief of pleadings and motions, it considers said family members as alleged victims and it ruled a violation of Articles 8 and 25 of the Convention in their detriment (supra para. 156). The parties were granted their right to a defense by forwarding them the information provided by the representatives and no observation was received in this regard. X REPARATIONS APPLICATION OF ARTICLE 63(1) OBLIGATION TO REPAIR 160. Pursuant to the analysis made in the aforementioned chapters, the Court has declared, based on the State’s partial acknowledgment of responsibility, and on the facts of the case and the evidence presented before this Tribunal, that the State is responsible for the violation of the rights enshrined in Articles 4(1), 5(1), 5(2), 5(5), 7(1), 7(2), 7(3), 7(4), 7(5), 7(6), 8(1), 8(2), 19, and 25(1) of the American Convention, and for the non-compliance of the obligations derived from Article 1(1) 94 95 Cfr. Case of the Ituango Massacres, supra note 3, para. 98. Cfr. Case of the Ituango Massacres, supra note 3, para. 91; and Case of Acevedo Jaramillo et al. Judgment of February 7, 2006. Series C No. 144, para. 227.