-13adversely affecting the limits to their participation established in the Convention or the
exercise of the Court’s jurisdiction. Once the Commission has initiated the proceedings,
the possibility of presenting requests and arguments autonomously before the Court
includes that of alleging the violation of other articles of the Convention that were not
contained in the application, based on the facts set out in the latter. Nevertheless, this
should not affect the purpose of the application or violate or infringe the right to defense
of the State, which is given the procedural opportunities to respond to the allegations of
the Commission and the representatives at all stages of the proceedings. In the final
instance, it is for the Court to decide, in each case, on the admissibility of allegations of
this nature in order to safeguard the procedural equality of the parties.
[…] This Court is empowered to make its own assessment of the facts of the case and
to decide on aspects of law that have not been alleged by the parties, based on the iura
novit curia principle. In other words, although the application provides the factual
framework for the proceedings, it does not limit the powers of the Court to determine
the facts of the case, based on the evidence submitted, on supervening facts, on
complementary and contextual information in the case file and also on well-known or
public facts that the Court considers pertinent to include as part of these facts.8
56.
Therefore, the possibility of submitting requests and arguments autonomously
to the Court includes the possibility of submitting their own requests and arguments
with regard to reparations, based on the facts set out in the application, without this
affecting the latter or violating or infringing the right to defense of the State, which is
able to respond to the allegations of the Commission and the representatives at all
stages of the proceedings. The fact that the Commission defers to the requests of
the representatives is a procedural option that does not affect the right to defense of
the State or the corresponding assessment of the Court.
*
*
*
57.
Finally, regarding the legitimation of the representatives in the case before
the Court, the State indicated that:
In the application brief, the Commission provided information on the representation of
the victims’ next of kin and about the organizations that represent them and advised
that the Commission would assume the representation of the victims whose next of kin
were not represented by the said organizations.
The brief with requests, arguments and evidence submitted by the victims’
representatives indicates the names of the persons they represent; however, only some
of these names coincide with the information that the Commission provided in the
application in accordance with the obligatory requirements of Article 33(3) of the Rules
of Procedure.
According to the Rules of Procedure, the Commission plays the role of the Attorney
General’s Office (ministerio público) in the inter-American system and, consequently, in
the public interest, assumes the procedural representation of the victims who have not
been fully identified or located when the application is presented. This is the case of the
following persons whose name and next of kin were not indicated in the application and
who appear only in the brief with requests, arguments and evidence: ARIEL DULLIS
DIAZ DELGADO, WILSON UBERTO FUENTES MARIMON, CELIMO HURTADO, ANGEL
BENITO JIMENEZ JULIO, JUAN BAUTISTA MEZA SALGADO, MIGUEL ANTONIO PEREZ
RAMOS, JORGE DAVID MARTINEZ MORENO and MIGUEL ANGEL GUTIERREZ ARRIETA.
In other words, even if they have granted express powers to the representatives, their
appearance in the proceedings is belated, and it is only based on the need to protect
their interests that the Commission is able to represent them.
Since the participation of the alleged victims, their next of kin or representatives does
not make them a party to the proceedings before the Court, they are not allowed to
8
Cf. Case of the “Mapiripán Massacre”, supra note 7, paras. 58 and 59.
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