V
PRELIMINARY CONSIDERATION
A.
Arguments of the parties and the Commission
24. The State argued that “[t]he facts examined by the Commission, based on which it
determined the presumed responsibility of the State of El Salvador, are circumscribed to the
criminal proceedings against Manuela and her conviction for the offense of aggravated
homicide, to her health care, and to her subsequent decease while in the custody of the
State.” It stressed that the Commission had considered that it would not examine the context
of the criminalization of abortion because Manuela was convicted of aggravated homicide. It
argued that, despite this, the representatives had included within the context facts relating
to the “criminalization of obstetric emergencies in El Salvador.” The State argued that those
facts did not form part of the factual framework of the case.74
25. The representatives argued that the contextual information that the State sought to
exclude from the factual framework corresponded to facts that explained and clarified the
facts mentioned in the submission of the case and the Merits Report presented by the
Commission. They emphasized that “the Commission itself, in the letter submitting the case,
indicated that the instant case should be analyzed ‘within the framework of the known context
in El Salvador of the criminalization of abortion.’” They also argued that, in the Merits Report,
the Commission had: (1) “underlined that the severity of El Salvador’s criminal laws meant
that ‘women are prosecuted for the offense of abortion or for the offense of homicide in
proceedings in which different guarantees of due process are violated and pretrial detention
is used abusively,’” and (2) “referred to a series of rulings on the way in which the rights of
women are not ensured when they seek medical attention.” Therefore, they considered that
“all the facts recounted in the pleadings and motions brief fall within the factual framework
that the Commission submitted to the Court and should be taken into account by the Court
when analyzing the case.”
26. The Commission argued that the said information “is related to the section on context
in the Merits Report, as well as to the facts of the said decision, and contributes to clarifying
or explaining those facts. Furthermore, the Commission considers that […] the said contextual
information may be useful to enable the Court: (1) to adequately characterize the facts and
assess the international responsibility of the State; (2) understand and assess the evidence,
and (3) determine the measures of reparation.”
B.
Considerations of the Court
27. This Court has established that the factual framework for the proceedings before it is
constituted by the facts contained in the Merits Report submitted to the Court’s consideration;
therefore, it is not admissible to allege new facts that differ from those described in the said
report, without prejudice to presenting facts that explain, clarify or reject those that have
been mentioned in the report, or that relate to the claims of the petitioner (also called
“complementary facts”). The exception to this principle are facts referred to as supervening
facts, and these may be forwarded to the court at any stage of the proceedings before
judgment has been delivered.75 Ultimately, it corresponds to the Court to decide, in each
The Court notes that in its final written arguments, the State requested the exclusion of other facts. However,
this request was time-barred.
74
Cf. Case of Vera Vera et al. v. Ecuador. Preliminary objection, merits, reparations and costs. Judgment of May
19, 2011. Series C No. 226, para. 32, and Case of Urrutia Laubreaux v. Chile, supra, para. 39.
75
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