the evidence as a whole, insofar as they can provide greater information on the alleged
violations and their consequences.41
D.
Admission and assessment of the amicus curiae briefs
37. The State asked the Court to refrain from admitting the amicus curiae briefs, considering
that have no legal basis since they ignore the real situation of inmates in the Guatemalan
prison system, particularly in the instant case. The State argued that such briefs do not fulfill
their objective providing the Court with arguments and appraisals that expand the elements
of judgement currently available in this case and presented a series of arguments regarding
each of the briefs. They argued, inter alia, that their authors are not familiar with the defense
and counter arguments put forward by the State during the proceedings before the Court;
that they introduce new situations or facts in breach of the State´s right of defense; that they
reveal a lack of knowledge of the case and of Guatemala’s social, legal and political context;
and, that they do not fulfill the purpose of an amicus curiae brief that the Court has accepted
previously and, in general, that they lack “legitimacy locus standi to submit briefs in this case.”
38. The Court points out that, according to Article 2(3) of the Rules of Procedure, an amicus
curiae is a “person or institution who is unrelated to the case and to the proceeding” brought
before the Court, in order to submit “reasoned arguments on the facts contained in the
presentation of the case or legal considerations on the subject-matter of the proceeding.” In
other words, such an individual or institution is not a procedural party in the litigation and the
document submitted is intended to illustrate to the Court factual or legal matters related to
the proceeding before it, without the Court having to rule on the correctness or otherwise of
such briefs. Consequently, the State’s observations do not affect the admissibility of the amici
curiae briefs,42 notwithstanding that the substance of such observations may be considered
when assessing the information contained therein.
VII
FACTS
39. In this chapter the Court will set out the facts of this case, based on the factual
framework established in the Report of the Commission, including those presented by the
parties that may explain, clarify or dismiss said factual framework 43 and, where pertinent, the
facts in dispute.
A.
Regarding the alleged victim
40. It is an undisputed fact that, at the time when the alleged violations of the Convention
took place, Mrs. María Inés Chinchilla Sandoval had been arrested on May 30, 1995 and that
in the same year she was sentenced to 30 years in prison for the crimes of murder and
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 22, para. 43,
and Case of Quispialaya Vilcapoma v. Peru, supra, para. 25.
41
Cf. Case of Expelled Dominicans and Haitians v. the Dominican Republic. Preliminary objections, merits,
reparations and costs. Judgment of August 28, 2014. Series C No. 282, para. 15.
42
Cf. Case of the “Five Pensioners” v. Peru. Merits, reparations and costs. Judgment of February 28, 2003.
Series C No. 98, para. 153; and Case of García Ibarra et al. v. Ecuador, supra, para. 49.
43
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