9
observes that, although the Commission did not include them in the list of next of kin
presented in the application, it did include with the attachments to the application
identity cards, birth certificates and/or powers of attorney of some of these persons,
namely: Mario Mancuello, Hugo Alberto Mancuello Bareiro, Ana Elizabeth Mancuello
Bareiro, Mario Andrés Mancuello Bareiro, Emilio Raúl Mancuello Bareiro and
Fabriciana Villalba de Ramírez. As indicated (supra para. 29), it corresponds to the
Commission and not the Court to identify precisely the alleged victims in a case
before the Court. Nevertheless, regarding these persons, the Court will consider
them alleged victims because the Court was informed of their existence, at least
indirectly, in the attachments to the application.
34.
On the other hand, from the statements made before public notary by the
next of kin of the alleged victims (infra para. 56), and also from the helpful evidence
requested (supra para. 23(b)), the existence of other next of kin of the alleged
victims emerges and the possibility that they were affected by the facts of this case;
namely: María Magdalena Galeano Rotela, Rosa Mujica Giménez, Lucrecia Ramírez
de Borba, Mario Artemio Ramírez Villalba and Eugenia Adolfina Ramírez de Espinoza.
In this regard, it is pertinent to assess the terms of the State’s acknowledgement of
international responsibility (infra para. 141), as well as its assertion when
acknowledging the facts relating to the merits of the case, to the effect that “under
no circumstances will it contest the statements of the petitioners concerning the
cases that are the subject of this submission, which are based on the testimony of
the victims or, if applicable, of the next of kin of the disappeared, which merit full
credibility.”
35.
Also, with regard to María Magdalena Galeano Rotela, according to the
statement of Julio Darío Ramírez Villalba, his brother Benjamín had a companion of
this name, who was detained with him. According to information provided by the
Commission, in response to the request for helpful evidence, this persons is included
in the Inter-American Commission’s 1977 Report on the situation of human rights in
Paraguay, which contains a list of detained persons prepared from sources within the
Paraguayan Ministry of the Interior, as well as from a list of “political detainees kept
under Article 79 of the Constitution,” communicated to the Commission by the State
in a brief of August 9, 1977. In addition, according to the book Testimonio contra el
Olvido, publication of which was authorized by the Paraguayan Supreme Court of
Justice and which the Commission provided as evidence at the Court’s request, Mrs.
Galeano was detained from November 25, 1974 – the same day as Benjamín
Ramírez Villalba was detained (infra para. 61(44) and 61(46)) – until March 2, 1978.
Lastly, the Commission provided, although after the procedural opportunity had
passed, a sworn statement she had made describing her relationship with this
alleged victim and the detention conditions to which she was subjected together with
him.
36.
Regarding Rosa Mujica Giménez, it emerges from the testimony of Elva Elisa
de Goiburú and from a birth certificate provided by the Commission as helpful
evidence, that she is a sister of Dr. Agustín Goiburú Giménez. The Commission also
provided, although after the procedural opportunity had passed, a sworn statement
she had made declaring that she had been detained because she was Dr. Goiburú’s
sister.
37.
In addition, it emerges from the statement of Julio Darío Ramírez Villalba and
from death certificates provided as helpful evidence, that Lucrecia Ramírez de Borba,
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