35. The Commission pointed out that the Court’s jurisprudence has been clear in
establishing that the representatives may invoke the violation of rights other than those
included in the Merits Report, as long as they are related to the factual framework
defined by the Commission.
36. Similarly, the representatives indicated that their claims were based on the
actions of the administrative and judicial authorities described in the factual framework
of the Merits Report. They argued that the alleged violation of Articles 7 and 13 of the
American Convention arose from the actions of the administrative and judicial
authorities, which are described in the Merits Report.
B.2 Considerations of the Court
37. The Court reiterates that the representatives of the alleged victims may invoke
the violation of rights other than those included in the Merits Report, as long as they
remain within the factual framework defined by the Commission. Consequently, it is for
the Court to decide on the appropriateness of arguments related to the factual
framework, thereby safeguarding the procedural balance of the parties. 29
38. In the instant case, the Court notes that the representatives based the alleged
violation of Articles 7 and 13 of the American Convention on the alleged failure to
investigate, prosecute and punish the acts of discrimination claimed by Mr. Olivera
Fuentes. Since the Commission has limited the facts of the case to the analysis of the
domestic administrative and jurisdictional proceedings, the Court concludes that the
inclusion in the pleadings and motions brief of other rights allegedly violated during those
proceedings falls within the factual framework defined in the Merits Report.
VI
EVIDENCE
A. Admissibility of the documentary evidence
39. The Court received various documents presented as evidence by the Commission
and the representatives, which, as in other cases, are admitted on the understanding
that they were submitted at the proper procedural opportunity (Article 57 of the Rules
of Procedure). 30
40.
The Court notes that the representatives submitted, together with their brief of
29
Cf. Case of “Five Pensioners” v. Peru. Merits, reparations and costs. Judgment of February 28, 2003.
Series C No. 98, para. 155, and Case of Casierra Quiñonez et al. v. Ecuador, supra, para. 22.
30
Documentary evidence may be presented, in general and in accordance with Article 57(2) of the Rules
of Procedure, together with the briefs submitting the case, of pleadings and motions or the answering brief,
as appropriate, and evidence submitted outside those procedural opportunities is not admissible, except in the
exceptions established in Article 57(2) of the Rules of Procedure (namely, force majeure, serious impediment)
or if it concerns a supervening fact, i.e., one that occurred after the aforementioned procedural moments. Cf.
Case of Velásquez Rodríguez v. Honduras, supra, para. 140, and Case of Leguizamón Zaván v. Paraguay.
Merits, reparations and costs. Judgment of November 15, 2022. Series C. No. 473, para. 28.
14