6
Jurists;19 Amnesty International,20 and the Human Rights Centre of the School of Law
of Essex University, the International Center for Transitional Justice, and Redress.21
15.
On September 22, 2009, the representatives presented a brief in which they
informed the Court of “supervening facts,” concerning the appointment of Arturo
Chávez Chávez to head the Office of the Attorney General of the Republic.
16.
The Secretariat, following the President’s instructions, granted the Commission
and the State a delay to submit their observations on the representatives’ brief
mentioned in the preceding paragraph. On October 15, 2009, the Commission
indicated that it had no observations to make. On October 16, 2009, the State
indicated that “the facts set out by the representatives […] bear absolutely no
relationship to the proceedings in this matter; nor do they provide any element that
[the] Court could take into consideration to help it decide the matter.” It added that
the facts stated by the representatives did not have “a minimum phenomenological
connection with the facts of the proceedings; to the contrary, they are attempting to
introduce into the proceedings facts that differ from those that comprise its factual
framework.” Lastly, it noted that the representatives had not indicated how the
appointment of the current Attorney General of the Republic had an impact on or was
related to any substantial fact of this matter.
17.
In this regard, the Tribunal reiterates that, even though supervening facts may
be submitted by the parties at any stage of the proceedings prior to the judgment,
“this does not mean that any situation or incident that occurs after those procedural
acts may constitute a supervening fact within the proceedings. A fact of this nature
must be phenomenologically linked [those] of the proceeding; and therefore it is not
enough that certain situations or facts […] be related to facts and arguments presented
in a case for this Tribunal to be able to hear them.”22
18.
Furthermore, the Court emphasizes that, in exercise of its contentious
jurisdiction as an international human rights court, its function in the instant case is to
determine whether the State is responsible for the alleged violations, and not the
personal responsibility of Mr. Chávez Chávez or other public officials. That task belongs
exclusively to the State, although the Court can verify if the State has complied with
the relevant obligations arising from the American Convention.
19.
Based on the above, the Court does not admit the representatives’ brief
indicated in paragraph 15 supra and will limit itself to examining the arguments of the
parties regarding the alleged international responsibility of the State.
III
PARTIAL ACKNOWLEDGEMENT OF INTERNATIONAL RESPONSIBILITY
20.
The State made a partial acknowledgement of international responsibility as
follows:
19
Brief presented by Leah Hoctor on July 17, 2009.
20
Brief presented by Widney Brown on July 13, 2009.
21
Brief presented on September 21, 2009, by Clara Sandoval and students of the Human Rights
Center and School of Law of Essex University, Carla Ferstman and Marta Valiñas of Redress; Javier Ciurlizza
and Catalina Díaz of the International Center for Transitional Justice (ICTJ), Ruth Rubio Marín of the
European University Institute, and Mariclaire Acosta, Ximena Andión Ibañez and Gail Aguilar Castañón.
22
Case of Perozo et al. v. Venezuela. Preliminary objections, Merits, Reparations and Costs. Judgment
of January 28, 2009. Series C No. 195, para. 67.