26
measures of reparation, for which it will also take into consideration that expressed
by the State regarding the reparations that it “accepts” and the objections it
presented to some of the measures of reparation requested.
VI
PREVIOUS CONSIDERATIONS
160. In this chapter the Court will present some consideration regarding the events
object of the present case, and the determination of the alleged victims.
A)
REGARDING THE FACTS OBJECT OF THE PRESENT CASE
161. It is necessary to consider two matters in this subject. On one hand, the
Commission and the intervener do not coincide in the description of some of the
facts occurred between May 6 and 9, 1992; on the other, in what refers to the facts
occurred after May 9 1992, the Commission included in the application less facts
than those developed by the common intervener.
162. Before issuing a ruling on these matters, the Court reaffirms its jurisprudence
in what refers to the determination of the facts, in the sense that, in principle, “the
claiming of new facts different to those presented in the application is not admissible,
without detriment of the possibility to present those that explain, clarify, or dismiss
those that have been mentioned in the application, or respond to the demands of the
petitioner,” as well as with the exception of supervening facts.7 Likewise, the
Tribunal reiterates that
it has the power to make its own determination of the facts of the case and to decide on
aspects of law not claimed by the parties based on the principle of iura novit curia. That
is, even though the petition is the factual framework of the proceedings, this does not
present a limitation to the Court’s power to determine the facts of the case, based on
the evidence produced, on supervening events, on complementary and contextual
information included in the case file, as well as in notorious facts or of public knowledge,
8
that the Tribunal considers appropriate to include within said facts.
163. On the other hand, the Court has taken note that in paragraph 79 of the
petition the Commission stated that
it wishes to point out that the object of the present application transcends what refers to
the enactment and application of the antiterrorism legislation in Peru, in virtue of which
some of the victims were imprisoned, since it is not the subject of the facts claimed and
proven. Likewise, it is important to notice that during the proceeding before the
Commission the possible international responsibility of the State for the regretful death
of a police officer that occurred in the development of the same facts that motivate the
present case was not analyzed, as well as the injuries caused to others. The State must
investigate said facts and punish those responsible, however, the State’s responsibility
in this sense was not claimed before the Commission.
7
Cfr. Case of the Ituango Massacres. Judgment of July 1, 2006. Series C No. 148, para. 89; Case
of the Sawhoyamaxa Indigenous Community. Judgment of March 29, 2006. Series C No. 146, para. 68;
and Case of the Pueblo Bello Massacre. Judgment of January 31, 2006. Series C No. 140, para. 57.
8
Cfr. Case of the Ituango Massacres, supra note 7, para. 191; Case of the Pueblo Bello Massacre,
supra note 7, para. 55; and Case of the “Mapiripán Massacre”. Judgment of September 15, 2005. Series C
No. 134, para. 59.