28
24
25
26
27
28
29
30
31
Antonio González
(m)
Pedro Fernández
(m)
Ramona Flores (f)
Sandra E. Chávez
(f)
Eusebio Ayala (m)
1 month
Francisca Brítez
(f)
Diego Andrés
Ayala (m)
Ana María
Florentín (f)
10 months
79 years
65 years
7 months
80 years
13 months
15 days
November,
1996
October 12,
2001
July 16, 1995
1993
Tetanus
March 16,
1998
October 23,
2000
October 3,
2002
March, 1991
Pneumonia/hypertension
Pneumonia
Pneumonia
Pneumonic bronchitis
Enterocolitis
Enterocolitis
Tetanus
63.
For their part, in their brief of requests, arguments and evidence, the
representatives stated that thirty-two Community members had died, out of whom
31 match the list furnished by the Commission (supra para. 62), to which the
following person was added:
32
Juan Ramón Marecos
(m)
2 years and
a half
October, 2004
Pneumonia
64.
Notwithstanding, in their brief of requests and arguments, the representatives
requested the Court to it adjudge and declare that the State “has failed to comply
with its obligation to guarantee the right to life enshrined in Article 4 of the American
Convention,” to the prejudice of twenty-three persons, namely: NN Galarza (case
No. 1), Rosana López (case No. 2), Eduardo Cáceres (Case No. 5), Eulalio Cáceres
(case No. 6), Esteban González (case No. 7), NN González Aponte (case No. 8),
Wilfrido González (case No. 9), Teresio González (case No. 12), NN Yegros (case No.
13), Antonio Alvarenga (case No. 14), Jenny Toledo (case No. 15), Guido Ruiz-Díaz
(case No. 16), NN González (case No. 17), Luis Torres Chávez (case No. 18), Derlis
Armando Torres (case No. 19), NN Torres (case No. 20), Lucía Aponte (case No. 21),
Marcos Chávez (case No. 22), Juan Ramón González (case No. 23), Pedro Fernández
(case No. 25), Eusebio Ayala (case No. 28), Francisca Britez (case 29) and Diego
Andrés Ayala (case No. 30).
65.
Later on, in its written final arguments the Commission stated that
“[p]ursuant to the expert opinion of Dr. Pablo Balmaceda […] regretfully the number
of members of the Community who died […] is higher than the one stated in the
application,” and requested the Court that it declare that such deaths are “to be
charged to the State.”
66.
In their written final arguments the representatives stated that from 2003 “to
the moment the expert opinion of [Mr.] Pablo Balmaceda was submitted […], 14
more persons died,” whose deaths they requested be charged to the State.
67.
The persons mentioned in the statement given by expert witness Pablo
Balmaceda before a public official whose acts command full faith and credit and who
were neither included in the application nor in the brief of requests and arguments
are as follows: