34 As a consequence and according to the case- law of this Tribunal,109 these facts cannot be analyzed. 116. As to the alleged misappropriation of goods from the communal store, the Court notes that the Commission has neither alleged this fact in its application. The Commission included it in the public hearing and pointed out that the Commission was unaware of the evidence of such fact at the time of the submission of the complaint “since it corresponds to the reopening of the investigation of the Public Prosecutor’s office in March, 2006.” In such regard, the State asserted that "the evidence of the alleged misappropriation of goods from the communal store [...] was in the case file of the Commission since the beginning of the trial before it." 117. The Court considers that, by virtue of the procedural equality principle, the legal certainty and the right to defense of the State, the Inter-American Court cannot allege facts that imply a change within the factual framework of the case, unless they are related to supervening facts. The alleged theft of the communal store does not constitute a supervening fact; otherwise, it appeared in the records of the case at hand before the Commission issued the Report No. 96/05,110 and before the Commission lodged its application before the Court (supra par. 1).111 Thus, the Court will not analyze these allegations inasmuch as they constitute new facts. XII ARTICLE 23(1) (RIGHT TO PARTICIPATE IN GOVERNMENT)112 IN CONJUNCTION WITH ARTICLE 1(1) (OBLIGATION TO RESPECT RIGHTS) OF THE AMERICAN CONVENTION 118. The representatives, since their initial brief, have sustained that the death of Mr. Escué Zapata violates the right enshrined in Article 23(1) of the Convention "in its two-fold dimension." With respect to what they called “individual dimension,” they sustain that the 109 Cf. Case of the “Five Pensioners" v. Peru, supra note 96, para. 153; Case of Bueno-Alves v. Argentina, supra note 9, para. 121; Case of Miguel Castro-Castro Prison v. Peru, supra note 17, para. 162. 110 Cf. Statement rendered by Mario Pasu, on May 27, 1999 (record of the Appendixes to the answer of the complaint, Prosecutor’s file, Folder 1, page 1782); statement rendered by Romelia Pasu Vargas on May 27, 1999 (record of Appendixes to the answer of the complaint, Prosecutor’s file, Folder 1, page 1787); statement rendered by Romelia Pasu Vargas on December 4, 2002 (record of Appendixes to the answer of the complaint, Prosecutor’s file, Folder 1, page 1907); complaint statement rendered by Etelvina Zapata before the Cauca Regional Prosecutor’s Office, on February 5, 1988 (record of Appendixes to the answer of the complaint, Prosecutor’s file, Folder 2, page 2062); statement rendered by Etelvina Zapata, on September 22 , 1994 (record of Appendixes to the answer of the complaint, Prosecutor's file, Folder 1, page 1741), and complaint filed by Etelvina Zapata, on February 5, 1988, before the Inter-American Commission (Commission's file, page 191). 111 Cf. Statement rendered by Hidelbran Castro Quintero, on March 17, 2006 (record of Appendixes to the answer of the complaint, Prosecutor’s file, Folder 3, page 2389); statement rendered by Rubén Darío Aricapa García, on March 18, 2006 (record of Appendixes to the answer of the complaint, Prosecutor's file, Folder 3, page 2407), and action for inquiry of Evert Ospina Martínez, of April 1, 2006 (record of Appendixes to the answer of the complaint, Prosecutor’s file, Folder 4, page 2545). 112 Article 23 of the Convention, in its relevant part, provides that: 1. Every citizen shall enjoy the following rights and opportunities: a) to take part in the conduct of public affairs, directly or through freely chosen representatives; b) to vote and to be elected in genuine periodic elections, which shall be by universal and equal suffrage and by secret ballot that guarantees the free expression of the will of the voters; and c) to have access, under general conditions of equality, to the public service of his country.