6
representatives in their brief of requests and arguments. During the public hearing,
the State submitted a brief in which it made a detailed reference to its
acknowledgment of international responsibility.
27.
On May 18 and 19, 2006, the Commission and the representatives submitted
their final written arguments, respectively. The State did not submit any final
arguments whatsoever.
28.
On May 25, 2006, the Secretariat, following instructions of the President of
the Court, requested the representatives to submit evidence to facilitate the
adjudication of the case; said representatives after an extension had been granted,
submitted part of such evidence on June 13, 2006. On even date, the Secretariat
requested the representatives to complete the submission of the remaining evidence
to facilitate the adjudication of the case and also requested the State to submit its
evidence to facilitate the adjudication of the case. On June 13 and 21, 2006, the
representatives, after having been granted an extension, filed part of the requested
evidence.
V
PRELIMINARY CONSIDERATIONS
29.
In the application filed, the Inter-American Commission included a list of 37
alleged victims of the events dealt with in the instant case. Such list coincides with
that included in its report about the admissibility and merits (supra para. 8). In their
brief of requests and arguments, the representatives submitted a list including the
names of 31 alleged victims that coincide with those reported by the Commission.
Likewise, the representatives identified several of the next of kin of 12 alleged
victims. Afterwards, the representatives included in their final arguments an
additional alleged victim, who had not been included in the initial list filed by the
Commission, and also certain next of kin of six of the alleged victims. Finally, in the
two briefs filed containing the evidence to facilitate the adjudication of the case,
(supra para. 28), the representatives identified other next of kin of some of the
alleged victims.
30.
The Court shall apply the following criteria to define those it would consider as
alleged victims and their next of kin in the instant case: a) the procedural stage in
which they were identified; b) the admission by the State, and c) the characteristics
of this case.
31.
In that sense, the Court shall consider as alleged victims those persons who
were identified by the Commission in its application, as well as those next of kin of
the alleged victims identified by the representatives in their brief of requests and
arguments (infra para. 60(26)). All of which ocurred before the answer to the
petition filed by the State and before the State´s admission of the facts.
32.
On the other hand, the Court notices that neither the Inter-American
Commission nor the representatives have identified in the application and the brief of
requests and arguments, respectively, Jesús Rafael Navarro as an alleged victim. It
is only in the brief containing the final arguments that the representatives identify
such victim and his next of kin, which brief has been filed after the admission made
by the State. The representatives have not properly justifed such inclusion.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents