differ from those described in the application, although they may submit those that can
explain, clarify or reject facts that are mentioned in it. Supervening facts are different,
because they can be presented by any of the parties at any stage of the proceedings
before the judgment is handed down.262
225. From the list of deaths indicated by the representatives, the Court notes that
the death of Luisa Ramírez Larrosa, who died in January 2009 at 62 years of age,
without a known cause of death and without information on whether she had received
medical attention, as well as that of Rosa Larrosa Domínguez, who died of natural
causes in October 2009 at the age of 100, and without information on whether she had
received medical attention, occurred after the Commission had presented the
application; consequently, the Court will examine them as they constitute supervening
facts.
226. Based on the above, the Court has competence to examine 28 deaths that
occurred while the Court had competence; namely, the following:
No.
Name and Sex
f (female) m (male)
1
2
Luisa Ramírez Larrosa (f)
Rosa Larrosa Domínguez (f)
3
Sara Gonzáles López (f)
4
Felipa Quintana (f)
5
6
Gilberto Dermott Quintana
(m)
(NN) Jonás Avalos or Jonás
Rios Torres (m)
Age at
time of
death
62 years
100 years
1 year and
5 months
Probable
date of
death
01-2009
10-2009
25-07-2008
Probable cause
of death
No information
Natural death
Gastroenteritis –
dehydration
64 years
13 – 05 2008
Septic shock
46 years
2007
Tuberculosis
No
information
2007
No information
Stopped eating
7
Rosa Dermott (f)
80 years
02-10-2007
8
Remigia Ruiz (f)
38 years
14-05-2005
Complications
giving birth
Pertussis
(whooping cough)
Cardiac murmur
Anemia, possible
hypoalbuminaemia
1 year
2005
10
Yelsi Karina López Cabañas
(f)
Tito García (m)
46 years
2005
11
Aída Carolina González (f)
8 months
04-06-2003
12
Abundio Inter. Dermot (m)
2 months
2003
Pneumonia
13
(NN) Dermott Larrosa263 (f)
at birth
2003
Possible cause:
diarrhea, vomiting
Stillborn
No
information
Fetal distress264
No
information
1999/2002
Hemorrhage
9
14
15
(NN) Corrientes Domínguez
(m)
(NN) Ávalos or Rios Torres
(m)
Information on
medical
attention (MA)
No information
No information
Did not receive
MA
Received MA
Received MA,
volunteer nurse
No information
Did not receive
MA
Did not receive
MA
Did not receive
MA
Received MA
Did not receive
MA
Did not receive
MA
Received MA in
the Filadelfia
Hospital
No information
No information
262
Cf. Case of the “Five Pensioners” v. Peru, Merits, reparations and costs. Judgment of February 28,
2003, Series C No. 98, para. 154; Case of Perozo et al. v. Venezuela. Preliminary objections, merits,
reparations and costs. Judgment of January 28, 2009. Series C No. 195, para. 67, and Case of Manuel
Cepeda Vargas v. Colombia, supra note 8, para. 49.
263
The Commission’s application includes “(NN) Dermott (f),” which may be the same child, given that
the year of death and surname are the same. The only difference is that one appears to have died at birth,
and the other at the age of one, without the cause of death being specified.
264
In the 2009 brief presented by the representatives following the issue of IACHR Report on Merits
No. 30/08 of July 17, 2008, the year of death is 2003. It is possibly the same person. Moreover, in the
medical report, it appears as “Corrientes” and the cause of death is fetal distress.
52
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