25
62.
The State denied the relationship of this case with the context mentioned
and indicated that the latter is not part of the object of the present case. It
requested that the Court base its decisions solely on the case file of the criminal
proceedings underway against the alleged victims for the purpose of determining
what happened to Messrs. Cabrera and Montiel. It indicated that “any other
characterization” of what happened “is nothing but the inappropriate search for the
opening of the litigation to issues that escape from the facts of the case.” Without
prejudice to the foregoing, and in the event that the Court decides to assess the
abovementioned context, the State put forward several arguments in order to
refute what it considers to be unfounded generalizations that would have specific
implications on the concrete facts of this case.
63.
This Court has held that in cases involving highly complex facts, in which
the existence of patterns or practices of massive, systematic or structural human
rights violations are alleged, it is even more difficult to seek a strict delimitation of
the facts. Thus, the litigation submitted to the Court cannot be examined piecemeal
or trying to exclude those contextual elements that could inform the international
judge about the historical, material, temporal and spatial circumstances in which
the alleged facts took place. Nor is it necessary to distinguish or categorize each
alleged fact, because the dispute submitted can only be settled based on an
assessment of all the described circumstances,55 in light of the body of evidence.
64.
Consequently, the Court has considered that, when assessing elements of
the context, in general terms, is not attempting to rule on the global phenomena
related to a case, or judge the different circumstances included in that context.56
Furthermore, it is not called on to rule on the different facts alleged by the State
and the representatives, or on public policies adopted at different times to counter
such aspects that scape to what took place in certain case. On the contrary, the
Court takes these facts into consideration as part of the arguments of the parties
within their litigation.
65.
The Court notes that both in its report on the merits57 and in its
application,58 the Commission framed the human rights violations that occurred in
this case in a context of alleged abuses on the part of military forces in Guerrero,
some patterns with respect to the use of torture and its impact on judicial
proceedings, as well as the use of the military jurisdiction for the investigation of
cases of human rights violations. Therefore, said a context is the object of the
present litigation and relates to the facts alleged. In the analysis of the merits of
the case and the possible award of reparations, the Court shall analyze the scope of
this alleged contexts and the additional allegations of the representatives.
VII
RIGHT TO PERSONAL LIBERTY IN RELATION TO THE OBLIGATIONS TO
RESPECT THE RIGHTS
4. General description of the processes and jurisdictional levels that
assessed the facts in the domestic sphere
55
Case of Manuel Cepeda Vargas v. Colombia, supra note 27, para. 50.
56
See Case of the Rochela Massacre v. Colombia. Merits, Reparations and Costs. Judgment of
May 11, 2007. Series C No. 163, para. 32 and Case of Manuel Cepeda Vargas v. Colombia, supra note
27, para. 51.
57
Cf. Report on the Merits N° 88/08, paras. 166, 167, 170, 191, 193 to 196, 199 and 200, supra
note 3, folios 65, 66, 70, 72, 73, and 75.
58
Cf. Application brief, paras. 133, 134, 138, 152, 153, 159 to 161, 163, 166 and 167, supra
note 52, folios 61, 62, 67,69, 70, 71 and 73.