-11concerning the effectiveness of the domestic remedies in the chapter on Articles 8(1)
and 25 of the Convention (infra paras. 169 to 212).
50.
In relation to the so-called “second grounds,” regarding the Commission’s
criteria for admitting the petitions submitted to it and processing them, and the
reasonableness of the time allowed for it to adopt reports, the Court observes that
this refers to the admissibility of a case before that body of the inter-American
system. In other words, when the full competence of the Court has been
acknowledged and the State has withdrawn the preliminary objection, a ruling in this
respect is irrelevant as regards the merits of the case. Consequently, the Court
considers that the State’s request to joinder these arguments to the merits of the
case is inadmissible.
*
*
*
51.
With regard to the participation of the alleged victims’ next of kin and their
representatives, the Commission made several requests concerning the reparations it
considered admissible in the case as well as the following proposal:
[…] In keeping with the Court’s Rules of Procedure that grant autonomous
representation to the individual, in this application, the Inter-American Commission will
only set out the general principles regarding the reparations and costs it considers the
Court should apply in this case. The Inter-American Commission understands that it
corresponds to the next of kin of the victims and their representatives to specify their
claims, pursuant to Article 63(1) of the American Convention and Article 23 and other
relevant articles of the Court’s Rules of Procedure. If the next of kin of the [alleged]
victim do not avail themselves of this right, the Commission requests the Court to grant
it the procedural opportunity to quantify the respective claims. Additionally, the InterAmerican Commission indicates that it will inform the Court opportunely if it has any
observations concerning the quantification of the claims of the next of kin of the victim
or his representatives.5
52.
In its answer to the application, the State expressed its opposition to the
Commission's proposal as follows:
In paragraph 88 of the application, the Commission is misinterpreting the American
Convention […]. The Commission is trying to give the next of kin of the victims and their
representatives a role that the Convention has not granted them. According to Article
61(1) of the Convention: “Only the States Parties and the Commission shall have the
right to submit a case to the Court.” In other words, the States Parties and the
Commission determine the scope of the claims that will be submitted to the Court for it
to decide, either in the application, or in the answer to the application. The dispute is
decided by the Commission and the States Parties.
Consequently, the Commission’s proposal to delegate to the petitioners the definition of
the claims with regard to reparations and, in particular, to request another procedural
opportunity for quantifying them if the petitioners’ next of kin fail to do so, is not
consistent with the provisions of the Convention.
This paragraph of the application gives rise to procedural inequality for the State.
According to the Rules of Procedure of the Convention [sic] only the Commission and the
State, in their capacity as parties to the proceedings, have competence to submit their
claims [Arts. 33 and 38 of the Court’s Rules of Procedure]. Thus, in the answer to the
application, the State should declare whether it accepts the facts and the claims or
whether it rejects them, and the Court can consider as accepted those facts that have
not been expressly denied and the claims that have not been contested. This indicates
5
Cf. application lodged by the Inter-American Commission (merits file, tome I, pp. 34 and 35,
folios 35 and 36).
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