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exclude from the case the employees who were not duly represented in the
proceedings before this jurisdiction.
The Commission’s arguments
73.
The Inter-American Commission indicated that this preliminary objection was
not based on any norm that established the lack of “legal representation” before the
Court as an obstacle to accede to the Court’s jurisdiction. In this regard, the Court’s
Rules of Procedure establish that, in the absence of information regarding
representation, the Commission shall be the procedural representative “as guarantor
of the public interest under the American Convention on Human Rights to ensure
that they have the benefit of legal representation.” In addition, as an argument
concerning the second preliminary objection, the Commission had indicated that the
“lack of a representative” is not an obstacle “to the Court’s competence” because, as
established in Article 44 of the Convention, any group of persons may report the
violation of the rights it establishes. In this case, the petitioners are a “group of
persons” and this complies with the hypothesis for legitimacy established in the said
Article 44.
The common intervenors’ arguments
74.
The common intervenors requested the Court to reject the third objection
because the Inter-American Commission was responsible for representing the alleged
victims who had not granted a special power of attorney to represent them in the
processing of the case. They also based their arguments on the criteria adopted by
the Court in similar cases.
The Court’s findings
75.
Article 33 (Filing of the application) of the Court’s Rules of Procedure
establishes that:
The brief containing the application shall indicate: […]
3.
The names and addresses of the representatives of the alleged victims and
their next of kin. If this information is not provided in the application, the Commission
shall act on behalf of the alleged victims and their next of kin in its capacity as guarantor
of the public interest under the American Convention on Human Rights to ensure that
they have the benefit of legal representation.
76.
The Court observes that when the Commission submitted the case to the
Court’s consideration, it attached the powers of attorney of more than 215 alleged
victims. The said powers of attorney were granted to two different groups of
representatives. Given that the groups of representatives were unable to agree on a
common intervenor, the Court appointed Javier Mujica Petit and Francisco Ercilio
Moura as the common intervenors of the representatives pursuant to the provisions
of Article 23(2) of the Rules of Procedure. Moreover, when notifying the application,
the Court indicated that “in the case of the alleged victims who were not represented
[as a result of this decision] or who had no representative, the Commission would be
their representative in the proceedings as guarantor of the public interest to ensure
that they have the benefit of legal representation,” pursuant to the provisions of
Article 33(3) of the Rules of Procedure (supra para. 34).
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