7
facts of the instant case had been imprisoned and/or was in prison
and, in the latter case, if they were being held in custody pending trial
or because they have been convicted during the said proceedings. The
parties presented information in this regard on August 14, 2006. The
State had submitted some information on August 8, 2006.
24.
On August 14 and 17, 2006, the Commission and the representatives,
respectively, forwarded the sworn statements of María Magdalena Galeano and Rosa
Mujica Giménez, alleged next of kin of Benjamín Ramírez and Augustín Goiburú,
respectively. On the instructions of the President, the Secretariat informed the State
and the representatives that if they had any comments on these statements they
should forward them by August 28, 2006, at the latest. The parties did not submit
any comments (infra paras. 56 to 59).
V
PRIOR CONSIDERATIONS
25.
In its application, the Inter-American Commission listed the four alleged
victims of the facts of this case and twelve of their next of kin: Agustín Goiburú
Giménez, Carlos José Mancuello Bareiro, Rodolfo Ramírez Villalba, Benjamín Ramírez
Villalba, Elva Elisa Benítez Feliú de Goiburú, Rogelio Agustín Goiburú Benítez,
Rolando Agustín Goiburú Benítez, Patricia Jazmín Goiburú Benítez, Gladis Ester Ríos
de Mancuello, Claudia Anahí Mancuello Ríos, Carlos Marcelo Mancuello Ríos, Ana
Arminda Bareiro de Mancuello, Sotera Ramírez de Arce, Sara Diodora Ramírez
Villalba, Herminio Arnoldo Ramírez Villalba and Julio Darío Ramírez Villalba. In its
Admissibility and Merits Report, the Inter-American Commission had mentioned the
four alleged victims, but did not name their next of kin, merely referring to them in
general. Also, in its application, the Commission advised the Court that the
petitioners had forwarded information on the nephews and nieces of the Ramírez
Villalba brothers, children of Julio Darío Ramírez Villalba: Mirtha Hayde Ramírez de
Morinigo, Ana María Ramírez de Mellone, Julio César Ramírez Vásquez, Rubén Darío
Ramírez Vásquez and Héctor Daniel, all of them Ramírez Vásquez. In this regard, it
requested that “they be considered beneficiaries, if it is proved that they are injured
parties,” without specifying who this referred to.
26.
In its final arguments, based on the sworn statements made by the alleged
victims’ next of kin, the Commission included eleven persons who were also next of
kin and consequently alleged victims and possible beneficiaries of reparations, who
had not been included in the original list presented in the application. In this regard,
it stated that “it has been proved before the Court that additional persons to those
[…] mentioned and with a similar relationship were alive at the time of the
disappearance of the [alleged] victims and have, in turn, been [alleged] victims of
the violations that have been established.” It also reiterated its request regarding the
children of Julio Darío Ramírez Villalba (supra para. 25).
27.
In their final arguments brief, the representatives indicated that the alleged
victims were the four individuals and their twelve next of kin that the Commission
had mentioned in its application. In addition, it asked the Court to order the State to
take “measures to find María Magdalena Galeano (former companion of Benjamín
Ramírez Villalba), compensate her and provide her with medical and psychological
care.” Furthermore, regarding determination of the beneficiaries of the compensation
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