8
and he appeared as a witness at the public hearing held regarding the instant case,
(supra para. 26), where the State made its admission and presented its public
apology to Gavidia for the events that are analyzed in this Judgment (infra para 42).
Therefore, the Court shall consider him as a next of kin of the aforesaid alleged
victim (infra para 60(26)(29)).
35.
On the other hand, the Court notices that the representatives did not submit
all the evidence to facilitate the adjudication of the case as requested by the Court
(supra para. 28). Therefore, there is not full evidence of the family relationship of
the following next of kin of the alleged victims:
a)
Wladimir Martínez and Belkys Martínez, next of kin of Alexis Antonio
Martínez-Liébano.
b)
Envidia2, next of kin of Edgar José Peña-Marín.
c)
Yolanda Andrea Gallardo, next of kin of Juan Carlos Saavedra-Rincón.
d)
Alexis Pérez, José Gregorio Pérez and Yomaris, next of kin of Wilcon
Alberto Pérez-Santoya.
e)
Maritza Rojas, Mireya del Carmen and Franlis Marilis, next of kin of
Franklin Armas-González.
f)
Silvia Elena, next of kin of Leonel Chirinos-Hernández.
g)
Tiburcio Ayala-Gualdron and Yelitza Figueroa, next of kin of José León
Ayala-Gualdron.
36.
In this aspect, the Court takes into account that such persons were mentioned
by the representatives in their brief of requests and arguments, before the State filed
its answer to the application and admission, that is to say, they were included in
such admission. Consequently, this Court shall consider them as next of kin of the
alleged victims (infra paras. 60(26)(1), 60(26)(9), 60(26)(25), 60(26)(36);
60(26)(11), 60(26)(13) and 60(26)(22).)
IV
ACKNOWLEDGEMENT OF INTERNATIONAL RESPONSIBILITY
37.
The Court shall address now the acknowledgment
responsibility made by the State (supra para. 26).
38.
of
international
Article 53(2) of the Rules of Procedure provides as follows:
If the respondent informs the Court of its acquiescence to the claims of the party that
has brought the case as well as to the claims of the representatives of the alleged
victims, their next of kin or representatives, the Court, after hearing the opinions of the
other parties to the case, shall decide whether such acquiescence and its juridical effects
are acceptable. In that event, the Court shall determine the appropriate reparations and
indemnities.
2
According to the brief of requests, arguments and evidence, this person is referred to as Envidia
and in a brief submitting evidence to facilitate the adjudication of the case, she is referred to as Eneida
(record of proceedings on the merits, reparations and costs, Volume III, folio 982.)
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos