35. The Court rejects the remaining documents submitted by the State20 and the representatives,21 given that neither party claimed circumstances of force majeure or serious impediment aimed at justifying the late submission of such documents, these were not requested by the Court, nor are they useful for the resolution of this case. B. Admissibility of the testimonial and expert evidence 36. The Court deems it appropriate to admit the expert opinion and the statements provided in a public hearing,22 insofar as they comply with the purpose defined by the President in the order to receive them, and are related to the subject matter of this case.23 VI FACTS 37. In this chapter, the Court will establish the facts based on the factual framework submitted by the Commission, the State's partial acknowledgement of responsibility, the supplementary facts related by the State in its answering brief, as well as the body of evidence that has been admitted.24 The facts will be presented in the following order: a) those relating to the communities of Quero Canton and the Peasant Defense Boards; b) the arrest and subsequent disappearance of Fredy Núñez Naranjo, and c) subsequent facts and actions. A. The communities of Quero Canton and the Peasant Defense Boards 38. The Ecuadorian territory is administratively divided into Regions, Provinces, Cantons, and rural or urban Parishes.25 Within such divisions, Communes or Communities26 can be found to be Annex 8 to the State's final written arguments: Organic Law of Citizen Participation published in the Official Gazette Supplement No. 175 of April 20, 2010 (case file of evidence, folios 1717 to 1746). Annexes 2, 3, 4, and 5 sent by the State in response to the Court's request for additional evidence to better resolve: Annex 2. Legal status of the Rural Communities and Law of Organization and Regime of the Communes of February 7, 1959 (case file on the merits, pages 564 to 570); Annex 3. Legal bylaws of Peasant Communities, published in Official Gazette No. 188 of October 7, 1976 and last amendment published in the Official Gazette Supplement No. 544-9-III-2009 (case file on the merits, pages 572 to 576); Annex 4. Guidelines for approving domestic regulations and recognizing the legal status of the country's rural communities published in the Official Gazette No. 715 of November 29, 2002 and last amendment published in the Official Gazette 74, 5-V-2003 (case file on the merits, pages 578 to 580) and Annex 5. Law of Organization and Regime of the Communes (Code No. 2004-04) published in Official Gazette No. 315 of April 16, 2004 (case file on the merits, pages 582 to 588). The Court notes that annexes 1 and 6, announced by the State at this same procedural moment, were not effectively sent. These annexes apparently contained: Annex 1. Statute of the Provincial Federation of Peasant Defense Boards of Tungurahua, issued by Executive Agreement No. 103, of October 10, 1966. Annex 6. Organic Law of Rural Lands and Ancestral Territories-Regulation of the Official Gazette No. 711 of March 14, 2016 - Last amendment (Second Supplement of the Official Gazette 29, 25-III-2022) 21 Annexes to the final written arguments of the representative, containing: Annex 1. Estimated annual income of the alleged victims from their own business (case file on the merits, page 435); Annex 2. Estimated annual income of Fredy Núñez Naranjo as a professional driver (case file on the merits, page 437); Annex 3. Rental fee value of Marcia Núñez from 2001 to 2007 (case file on the merits, page 439); Annex 4. Value of the lease fee for the property of María Gregoria Naranjo from 2002 to 2008 (case file on the merits, page 441); Annex 5. Representative's fees (case file on the merits, page 443) and Annex 6. Total sum of the items presented in the previous annexes (case file on the merits, page 445). 22 Statements were received from Sixto Núñez, María Gregoria Naranjo, and from the expert María Clara Galvis Patiño. 23 The subject matter of the statements is established in the Resolution of the President of the Court of December 1, 2022. 24 It is clarified that, in cases where the narration of facts fails to provide evidence, they are demeed established due to the lack of dispute from the parties. 25 Cf. Final arguments brief from the State of March 3, 2023 (case file on the merits, pages 449 and 450). 26 Cf. Articles 1 and 2. Law of Organization and Regime of the Communes of April 16, 2004 (case file of evidence, page 1709). 20 -14-

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