-12that it is the Commission’s application and the State’s answer that determine the
purpose of the contentious proceedings before the Court.
In view of the above, the State considers that, in this paragraph of the application, the
Commission failed to comply with the Rules of Procedure; it therefore requests a ruling
from the Court in order to promote better procedural practices by the Commission to
ensure the legal certainty of the parties.6
53.
It is true that the requests and arguments brief of the representatives,
entitled “Application of the representatives of the victims in José del Carmen Álvarez
Blanco et al. ‘Pueblo Bello’ v. the Republic of Colombia”, does not have the
characteristics of an application and the Court has considered it in those terms.
Indeed, in this case, as stipulated by the Convention, the Inter-American
Commission is the body empowered to initiate the proceedings before the Court by
lodging an application strictu sensu, and not the representatives. The purpose of the
requests and arguments brief is to give effect to the procedural attribute of locus
standi in judicio recognized to the alleged victims, their next of kin or
representatives.
54.
In this regard, the Court considers it opportune to reiterate its case law in
relation to the participation of the alleged victims, their next of kin or representatives
in the proceedings before the Court, and their possibility of alleging facts or the
violation of rights that are not included in the application:
[…] With regard to the facts that are the subject of the proceedings, the Court considers,
as it has on other occasions, that it is not admissible to allege new facts distinct from
those set out in the application, without detriment to describing facts that explain, clarify
or reject those mentioned in the application, or responding to the claims of the
applicant. In addition, so-called supervening facts may be submitted to the Court at any
moment of the proceedings before judgment is delivered.
[…] Also, as regards the incorporation of rights, other than those included in the
Commission’s application, the Court has established that the petitioners may invoke
such rights. They are the possessors of all the rights embodied in the American
Convention, and to deny this would be an undue restriction of their condition of subjects
of international human rights law. It is understood that the foregoing, regarding other
rights, will refer to the facts already included in the application.
[…] This Court has the competence – based upon the American Convention and
grounded in the iura novit curia principle, which is solidly supported in international law
– to study the possible violation of Convention provisions that have not been alleged in
the pleadings submitted to it, “in the sense that the judge has the authority and even
the obligation to apply the pertinent legal provisions in a case, even when the parties do
not invoke them expressly,” in the understanding that the parties have had the
opportunity to express their respective positions with regard to the relevant facts.7
55.
Likewise, in the “Mapiripán Massacre” case, the Court added that:
At the current stage of the evolution of the inter-American system for the protection of
human rights, the empowerment of the alleged victims, their next of kin or
representatives to submit requests, arguments and evidence autonomously must be
interpreted in accordance with their situation of titleholders of the rights embodied in the
Convention and beneficiaries of the protection offered by the system, without thereby
6
Cf. brief with preliminary objections, answer to the application and with observations on the
requests and arguments brief (merits file, tome II, p. 35, folio 392).
7
Cf. Case of the “Mapiripán Massacre”. Judgment of September 15, 2005. Series C No. 134, para.
57; Case of the Moiwana Community. Judgment of July 15, 2005. Series C No. 124, para. 91, and Case of
De la Cruz Flores. Judgment of November 18, 2004. Series C No. 115, para. 122.
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