the Inter-American Commission in the application. Indeed, in this document, the
Commission formulated pleadings of fact and law with regard to the alleged detentions
of Mr. Iván Eladio Torres Millacura carried out in September and October 2003,
respectively, to his alleged detention and enforced disappearance as of October 3, 2003,
to the alleged lack of an investigation, prosecution, and punishment of those responsible
for his disappearance, and to the alleged physical and psychological effects on his family
members as a consequence of the facts (supra para. 2 and 3).
52.
According to the reiterated jurisprudence of the Tribunal, the alleged victims and
their representatives may invoke the violation of other rights distinct from the ones
covered in the application as long as the alleged violations relate to facts already
contained in that document, as the alleged victims are the bearers of all the rights
enshrined in the Convention. Indeed, the application constitutes the factual framework of
the proceeding before the Court. For this reason, the representatives may not allege new
facts other than those alleged in the application, without prejudice to those facts which
allow for the explanation, clarification, or dismissal of facts that have been stated in the
application or in response to the claims set forth by the applicant. 30 The exceptions to
this principle are classified as supervening and can be submitted before the Tribunal at
any stage of the proceedings prior to the rendering of the judgment. In sum, it falls to
the Court to safeguard procedural balance by deciding in each case whether to admit
pleadings of that nature. 31 Therefore, the Tribunal will not rule on facts alleged by the
representatives that are not contained in the application presented by the Commission,
nor on facts that do not explain, clarify, or invalidate those presented by the
Commission. Consequently, neither will the Court rule on allegations of law formulated
by the representatives based on such facts. Therefore, the Court will not rule on the
allegations raised by the representatives in relation to “Citizen Security and Human
Rights” and, by extension, the alleged violations of Articles 1(1), 2, 3, 4, 5, 7, 8, 19, 25,
and 26 of the American Convention; 1, 2, 6, and 8 of the Convention Against Torture; III
of the Convention on Forced Disappearance, and the “Protocol of San Salvador.”
B.2.
Provisional Measures.
53.
In addition, in its response to the application, the State expressly indicated that
the statements of the Inter-American Commission and the representatives on the
provisional measures ordered by the Court in the matter of Millacura Llaipén et al.
regarding Argentina “should not be taken into consideration for the purpose of ruling on
this case, because although the facts of both proceedings are related, at issue are two
different proceedings that cannot be taken into consideration jointly.” It also argued that
“issues related to the processing of provisional measures cannot be taken under
consideration in the context of an adversarial case.” The State explicitly rejected “all
reference to the beneficiaries of the [measures] and [to] the [representatives’]
submission of documentation made under the framework of those measures.”
54.
The Court notes that upon referring, in its application, to the proceedings on
provisional and precautionary measures, the Commission did not formulate allegations of
fact and law in that respect. It may be inferred from the pertinent paragraphs that the
mention of those proceedings serves only to place into context the facts that form part
of the factual framework of the case, with respect to which the Commission did allege
certain human rights violations. However, this does not occur with respect to some
allegations made by the representatives in their brief of pleadings and motions,
30
Cf. Case of the Mapiripán Massacre V. Colombia. Preliminary Objections. Judgment of March 7, 2005.
Series C No. 122, para. 59; Case of Vera Vera et al. V. Ecuador, supra note 17, para. 32, and Case of Chocrón
Chocrón V. Venezuela, supra note 24, para. 42.
31
Cf. Case of the Mapiripán Massacre V. Colombia, supra note 16, para. 58; Case of Case of Vélez Loor
V. Panamá. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 23, 2010. Series C
No. 218, para. 43, and Case of Vera Vera et al. V. Ecuador, supra note 17, para. 32.
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