15
.
of the constitutional text of the Bolivarian Republic of Venezuela, as well as the exercise of
the jurisdictional function by the maximum court of the Republic; the exercise of the
legislative function by the body constitutionally in charge of legislating (National Assembly),
and the exercise of the administrative powers of control and supervision by the State of the
inexorable compliance of the law; the Venezuelan state can only express its most profound,
categorical, and energetic rejection and repudiation, since that type of arguments and
questionings are a clear and open interference in the exercise of the sovereign powers the
State holds and that have been attributed by the constitution.”
*
*
B.2
*
Facts
53.
The Court has established that the state’s responsibility can only be demanded at an
international level after the State has had the opportunity to examine and declare it through
the remedies of the domestic jurisdiction and to repair the damage caused. The
international jurisdiction has a subsidiary,36 contributing, and complementary nature.37
54.
When a case has been submitted to the jurisdiction of the Court so that the latter
can determine if the State is responsible for the violations to human rights enshrined in the
American Convention or other applicable instruments, the Tribunal shall analyze the facts in
light of the applicable stipulations and determine if the people that have requested the
intervention of the instances of the Inter-American System are victims of the alleged
violations and, in its case, if the State shall adopt determined reparation measures. This is
what the Court’s jurisdictional function refers to.
55.
With regard to the facts of the present case, the application constitutes the factual
framework of the proceedings38 and the criteria applicable to the admissibility of new and
supervening facts were exposed (supra para. 42).
56.
Even though the parties can present supervening facts to the Tribunal at any time
during the proceedings, prior to the judgment, this does not mean that any situation or
event constitutes a supervening fact for the effects of the proceedings. A fact of this nature
has to be phonologically related to the facts of the proceedings, thus it is not enough that a
specific situation or fact be related to the object of the case for this Tribunal to issue a ruling
in this regard. The representatives have not specified what they understand by continued
facts nor have they argued why, even in that hypothesis; they would have to be considered
supervening. Additionally, the facts and contextual references do not constitute new
opportunities for the parties to introduce facts different to those that conform the factual
framework of the proceedings.
Cf. Case of Acevedo Jaramillo et al. V. Peru. Interpretation of the Judgment of Preliminary Objections,
Reparations, and Costs. Judgment of November 24, 2006. Series C. No. 157, para. 66; and Case of Zambrano
Vélez et al. V. Ecuador. Merits, Reparations, and Costs. Judgment of July 4, 2007. Series C No. 166, para. 47.
36
Cf. Preamble to the American Convention on Human Rights. See also The Effects of Reservations on the
Entry into Force of the American Convention on Human Rights (Arts. 74 and 75). Advisory Opinion OC-2/82 of
September 24, 1982. Series A No. 2, para. 31; The Word “Laws” in Article 30 of the American Convention on
Human Rights. Advisory Opinion OC-6/86 of May 9, 1986. Series A No. 6, para. 26; and Case of Veleasquez
Rodríguez V. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 61.
37
Cf. Case of the “Mapiripán Massacre” v. Colombia. Merits, Reparations, and Costs. Judgment of September
15, 2005. Series C No. 134, para. 59; Case of Tiu Tojín V. Guatemala. Merits, Reparations, and Costs. Judgment of
November 26, 2008. Series C. No. 190, para. 21, and Case of Bayarru V. Argentina. Preliminary Objection, Merits,
Reparations, and Costs. Judgment of October 30, 2008. Series C No. 187, para. 30.
38