its Merits Report (supra paras. 1 to 3); therefore, they constitute new facts that are not part
of the factual framework of the case. In this regard, the Court has maintained repeatedly
that the submission of the case constitutes the factual framework for the proceedings before
it; thus, alleging new facts that are different from those contained in the submission brief is
inadmissible, without prejudice to submitting those that are supervening or that explain,
clarify or reject the facts in the submission brief, or that relate to the claims of the
plaintiff.28 Consequently, the Court will not rule on these allegations.
53.
Among the claims presented in their pleadings and motions brief, the representatives
asked the Court to declare the international responsibility of the State for the violation of
Article 18 of the American Convention regarding the “right to a name.” Nevertheless, in that
brief, the representatives did not indicate the factual and legal arguments on which this
violation was founded or identify the victims of the said violation. Therefore, the Court will
not rule on this point.
54.
Additionally, in their final written arguments, the representatives invoked for the first
time the violation of Articles 8(1) and 25(1) of the American Convention, in relation to
Articles 1(1) and 2 of the Convention, based on the argument that the domestic judges
failed to supervise conformity with the Convention in the judgments handed down with
regard to the facts of this case. The Court observes that this argument was not submitted at
the appropriate procedural moment; that is, in the pleadings and motions brief. Because it
is time-barred, the Court will not rule in this regard.
VIII
FACTS
55.
First, the Court finds it necessary to clarify that, according to its case law, the
principle of non-retroactivity and the optional clause accepting this Court’s contentious
jurisdiction do not mean that an act that occurred prior to this acceptance must be excluded
from any consideration when it could be relevant for determining facts and human rights
violations that are within its temporal jurisdiction. In this regard, the Court observes that, in
order to decide the different cases submitted to its consideration, it has needed to take into
account the context and other facts that exceed its jurisdiction, because the political and
historical context is decisive for establishing the legal consequences of the case, including
both the nature of the violations of the Convention and the corresponding reparations.29
Consequently, the analysis of the facts and human rights violations over which the Court
has competence, as decided in Chapters IV and V, cannot be isolated from consideration of
the background and context in which those facts supposedly occurred. Furthermore, it is not
possible to determine the respective legal consequences in the vacuum inherent in
decontextualization, since it has been argued that, in Guatemala, the facts of this case are
not isolated acts. In this Chapter, the Court will refer to the general context as well as to
the specific facts of the five massacres submitted to its consideration. This does not mean
that the Court must derive specific legal consequences from them.30 Added to this, the
28
Cf. Case of Five Pensioners v. Peru. Merits, reparations and costs. Judgment of February 28, 2003. Series
C No. 98, para. 153, and Case of the Kichwa Indigenous People of Sarayaku v. Ecuador, supra, para. 27, footnote
28.
29
Cf. Case of Goiburú et al. v. Paraguay. Merits, reparations and costs. Judgment of September 22, 2006.
Series C No. 153, paras. 53 and 63, and Case of Radilla Pacheco v. Mexico. Preliminary objections, merits,
reparations and costs. Judgment of November 23, 2009. Series C No. 209, para. 116.
30
Cf. Case of Almonacid Arellano et al. v. Chile. Preliminary objections, merits, reparations and costs.
Judgment of September 26, 2006. Series C No. 154, para. 82, and Case of Manuel Cepeda Vargas v. Colombia,
supra, para. 46.
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