37. Based on the foregoing, the Court considers that the acts mentioned by the
representatives cannot be determined to be the consequences of an acknowledgment of
international responsibility by the State. As a result, the Court finds that it must rule on the
controversy and study the matter of the alleged violations.
B. Factual framework of the case
B.1. State's arguments
38. The State argued that in their pleadings and motions brief, the representatives referred to
“a supposed historical context that bears no relation to the facts” of the case, since “they tried to
connect” what happened “to an alleged pattern of ' State terrorism,' and [a] a 'systematic and
repressive plan to combat insurgency, promoted by the entire state apparatus and with the
support of the economic and political elites,'” with which they would have “intended to give the
facts […] the legal qualification of 'crimes against humanity.'”
39. It pointed out that what was indicated by the Inter-American Public Defenders corresponds
to a “context completely unrelated to the factual and situation of the case at that moment in
time,” in which “there was no political persecution, nor [was] it alleged.” It requested that “the
arguments based on [said] assertions be dismissed” by the Court.
B.2. Considerations of the Court
40. This Court has reiterated that the factual framework of the proceeding is constituted by
the facts contained in the Report on the Merits submitted for its consideration, for which it is
not admissible to allege facts other than those stated in said brief. That said, the Court does
accept that facts may be presented that facilitate explaining, clarifying, or dismissing those
that were mentioned in the Merits Report or to respond to the Commission's claims (also called
“complementary facts”). The exception to this principle are the facts that qualify as
supervening, which may be referred to the Court at any stage of the process before issuing
its Judgment.22
41. When analyzing the proceedings, the Court indicates that in their pleadings and motions
brief, the representatives referred to a "context" in which they included, among other issues,
certain elements indicated by the State, while at the same time referring to other historical
circumstances that occurred before the Truth Commission was created.
42. In this regard, without prejudging the reasons for which such facts were alluded to in
the representatives' brief, it should be noted that the content of the Merits Report omits any
reference to them. On that account, as requested by the State, the Court will not include in
its analysis the facts referring to the “context” described by the Inter-American Public
Defenders. Without prejudice to determining the scope of the final report of the Truth
Commission, the above, with regard to the inclusion of the acts that were allegedly perpetrated
against the Casierra Quiñonez brothers and their family members, is part of the factual
framework of the case (infra paras. 89 , 90, and 91). In any case, the Court indicates that the
use of said report does not exempt it from evaluating the body of evidence as a whole, in
accordance with the rules of logic and based on experience.23
VI
Cf. Case of Vera Vera et al. v. Ecuador. Preliminary Objection, Merits, Reparations and Costs. Judgment of May
19, 2011. Series C No. 226, para. 32, and Case of Teachers of Chañaral and other municipalities v. Chile. Preliminary
Objection, Merits, Reparations, and Costs. Judgment of November 10, 2021. Series C No. 443, para. 31.
23
Cf. Case of Ríos et al. v. Venezuela. Preliminary Objections, Merits, Reparations, and Costs. Judgment of
January 28, 2009. Series C No. 194, para. 101, and Case of Grijalva Bueno v. Ecuador. Preliminary Objection, Merits,
Reparations and Costs. Judgment of June 03, 2021. Series C No. 426, para. 129.
22
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