14
33.
Article 35(1) of the Rules of Procedure establishes that the case shall be presented to the Court
through the submission of the merits report, which must “identify the alleged victims.” Thus, it is for
the Commission to identify precisely, and at the appropriate procedural moment, the alleged victims
in a case before the Court;23 consequently, it is not possible to add new alleged victims after the
merits report has been submitted, save in the exceptional circumstances established in Article 35(2)
of the Court’s Rules of Procedure,24 which mentions situations in which “it has not been possible to
identify one or more of the alleged victims who figure in the facts of the case because it concerns
massive or collective violations.” Therefore, in application of Article 35, the content of which is
unequivocal, it is the Court’s consistent case law that the presumed victims must be indicated in the
merits report, as established in Article 50 of the Convention.25
34.
In the instant case, none of the suppositions referred to in Article 35(2) of the Rules are
present to justify the identification of alleged victims after the presentation of the merits report or
submission of the case. Thus, in keeping with its case law criteria, the Court deems it appropriate to
clarify that the additional family members indicated by the representatives shall not be considered
as alleged victims in the present case, without detriment to any reparations that may be ordered at
the domestic level. Therefore, the Court rules that the following persons shall be considered as
victims in this case:
In relation to José Adrián Rochac Hernández: Alfonso Hernández Herrera (father), Sebastián
Rochac Hernández (brother), Estanislao Rochac Hernández (brother), María Juliana Rochac
Hernández (sister), María del Tránsito Hernández Rochac (sister), Ana Margarita Hernández
Rochac (sister) and Nicolás Alfonso Torres Hernández (brother).
In relation to Santos Ernesto Salinas: María Adela Iraheta (mother), Julio Antonio Flores
Iraheta (brother), Felipe Flores Iraheta (brother), María Estela Salinas de Figueroa (sister),
Amparo Salinas de Hernández (sister) and Josefa Salinas Iraheta (sister).
In relation to Emelinda Lorena Hernández: María Adela Hernández (mother), José Juan de la
Cruz Sánchez (father), Joel Alcides Hernández Sánchez (brother), Valentina Hernández
(maternal grandmother), Santiago Pérez (maternal grandfather), Juan Evangelista Hernández
Pérez (maternal uncle), José Cristino Hernández (maternal uncle), Eligorio Hernández
(maternal uncle) and Rosa Ofelia Hernández (maternal aunt).
In relation to Manuel Antonio Bonilla: María de los Ángeles Osorio (mother), José de la Paz
Bonilla (father), José Arístides Bonilla Osorio (brother), María Inés Bonilla de Galán (sister),
María Josefa Rosales (maternal grandmother), María Esperanza Alvarado (aunt) and Luis
Alberto Alvarado (uncle).26
Cf. Case of the Barrios Family v. Venezuela. Merits, reparations and costs. Judgment of November 24, 2011. Series C
No. 237, footnote 214, and Case of Norín Catrimán et al. (Leaders, members and activist of the Mapuche Indigenous People)
v. Chile. Merits, reparations and costs. Judgment of May 29, 2014. Series C No. 279, para. 29.
23
Article 35(2) of the Court’s Rules of Procedure provides that “When it has not been possible to identify one or more of
the alleged victims who figure in the facts of the case because it concerns massive or collective violations, the Court shall
decide whether to consider those individuals as victims.” Cf. Case of the Río Negro Massacres v. Guatemala. Preliminary
objection, merits, reparations and costs. Judgment of September 4, 2012. Series C No. 250, paras. 47 to 51, and Case of the
Massacres of El Mozote and nearby places v. El Salvador. Merits, reparations and costs. Judgment of October 25, 2012. Series
C No. 252, paras. 49 to 57.
24
Cf. Case of the Barrios Family v. Venezuela, supra, footnote 214, and Case of Norín Catrimán et al. (Leaders, members
and activist of the Mapuche Indigenous People) v. Chile, supra, para. 29.
25
As established in paragraph 123 of the Report on Merits No. 75/12, María Esperanza Alvarado and Luis Alberto Alvarado
are “paternal aunt and uncle” of Manuel Antonio Bonilla. However, in their initial petition the representatives stated that María
Esperanza Alvarado and Luis Alberto Alvarado are “paternal siblings” and that María Esperanza Alvarado was married to Isidro
26