52. Finally, during the public hearing convoked on this case and in its final written
arguments, the State claimed that Jorge Ferradas Núñez and Rómulo Antonio Retuerto
Aranda were included on the list of alleged victims offered by the Commission and are also
on the list of victims in Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru,
which was resolved by the Court in November 2006. The State, therefore, requested that
they be excluded from any analysis since they were part of a controversy already resolved
by the Court and, consequently, had been granted reparations.
53. The representatives requested that the Court rectify the list of alleged victims since
Rosalía Carrillo Mantilla was erroneously excluded from the list presented by the
Commission, even though she was included in the petition of Carlos Benites Cabrera of
August 7, 2003. They also stated that they had never requested the inclusion of the family
members of the alleged victims.
54. The Commission noted that it had erroneously repeated the names of six persons in
the annex to the Merits Report and that it did not include the name of Rosalía Flor Carrillo
Mantilla. They, therefore, requested that the record show that there are 187 alleged victims.
B. Considerations of the Court
55. The Court notes that the Commission identified 192 alleged victims in its Merits Report.
The representatives and the State informed that there were six names repeated,29 which
indicates that the true number of alleged victims contained in the Merits Report is 186,
which, therefore, in principle, is the total number of victims in this case.
56. On the other hand, the list of 186 alleged victims presented by the Commission
erroneously excluded Rosalía Carrillo Mantilla. The Court recalls that, according to its case
law and pursuant to Article 50 of the Convention and Article 35(1) of its Rules, the
Commission must precisely identify in its Report on the Merits the alleged victims in a case
before the Court. Moreover, the exceptions to the Article 35(1) rule are expressly set out in
Article 35(2) and neither of them is present here. However, the Court notes that the
exclusion of Mrs. Carrillo Mantilla from the Merits Report was due to a material error that
prevented her from continuing to participate in the process,30 as the Commission itself has
stated. For this reason and since the State was aware of the participation of Mrs. Carrillo
Mantilla as a complainant during the proceedings before the Commission, she should be
considered an alleged victim, which results in a total of 187 alleged victims.
57. The State also alleged that the persons who received reparations domestically should
be excluded, as well as a group of four persons who were included on the list of alleged
victims presented by the Commission, but who were not included on the list of dismissed
employees. With respect to the former, the Court finds that the value of the reparations
awarded domestically is a matter that concerns the merits and eventual reparations and,
thus, cannot be resolved as a preliminary question. With respect to the arguments regarding
those persons who are not included on the list of dismissed employees and, therefore, should
not be considered alleged victims, the Court finds that, in three of the four cases, there are
minor inconsistencies between the names reported by the Commission and the names
contained on the lists of dismissed employees. Thus, for example, the State indicated that
Juana Isabel Peña Rodriguez and Gudiel Máximo Quiñónez Baldeón, included in the annex
The persons who were counted twice on the lists of alleged victims presented by the Commission are:
(1) Flora Amar Cervelión, (2) Nelson Loayza Bezzolo, (3) Susana Isabel Mantilla Correa, (4) Marcelino Meneses
Huayra, (5) Ángel Emilio Saavedra Moreyra, and (6) Luis Sánchez Ortiz.
29
30
Cf. Case of the Dismissed Employees of Petroperú et al. v. Peru, supra, para. 55.
16