23
of these facts from the application, as the State would claim. Finally, they warned that “the State
seeks to ignore the conclusions issued by its own judicial authorities in this regard, as well as
the specific conclusions of the Final Report of the [CVR].”
C.2. Considerations of the Court
66.
First, with regard to the State’s allegation that the Commission failed to comply with
Article 35(3) of the Court’s Rules of Procedure because it “did not indicate which of the facts
contained in the [Admissibility and Merits] Report were submitted to the consideration of the
Court,” the Court understands that, when the Commission indicated that “it decided to submit
this case to the Inter-American Court because of the need to obtain justice for the [alleged]
victims,” without expressly excluding any fact, it evidently submitted all the facts of the case to
the consideration of the Court, in application of Article 35(1) of the Rules of Procedure, which
establishes that “[t]he case shall be presented to the Court through the submission of a report
[…] which must establish all the facts that allegedly gave rise to the violations […].”
67.
Secondly, regarding the State’s request that the Court exclude from the present
proceedings the entire set of facts in the pleadings and motions brief aimed at proving the alleged
violation of the right to property and non-interference in private and family life, the Court recalls
that the factual framework of the proceedings before the Court is constituted by the facts
contained in the Report on Admissibility and Merits submitted for its consideration. Consequently,
it is not admissible for the parties to allege new facts that differ from those contained in said
report, although they may present those that explain, clarify or reject the facts mentioned in the
report that have been submitted to the Court’s consideration. The exception to this principle are
facts that are classified as supervening, provided these are related to the facts of the case. 48
68.
In this regard, the Court notes that in the instant case, the Commission established in
paragraphs 109 and 111 of its Admissibility and Merits Report the following factual
considerations: i) “military personnel raided the homes of Francisco Hilario Torres and Ramón
Hilario Morán, located in the Laccaypampa area of the Rodeo Pampa sector, […] where they [….]
caused damage and seized animals and other property”, and ii) “when [Zósimo Hilario Quispe in
the company of some representatives of the community,] reached the spot, they […found]
burned-out houses, food, clothing and other property strewn on the ground.” It also established
the following legal considerations in paragraphs 184 and 224 of said Report: i) “on July 4, 1991,
the ‘Escorpio’ patrol, in execution of Operation ‘Apolonia’ […], raided the homes of Francisco
Hilario Torres and Ramón Hilario Morán”, and ii) “Mr. Zósimo Hilario Quispe learned that on July
6, 1991, that […] his home had been burned down. Likewise, the [Commission] has proven that
Mr. Ramón Hilario Morán [and his family] were removed from the other house that was raided.”
69.
For their part, the representatives alleged that, in the context of the “Apolonia” military
operation, State agents stole money, livestock, provisions and other valuable property that they
found in the homes of Francisco Hilario Torres and Ramón Hilario Morán. They described the
items that were allegedly stolen, and maintained that said agents set fire to the homes.
70.
Thus, the Court concludes that the facts alleged by the representatives explain and clarify
the acts of destruction and theft of animals and other property, as well as the destruction and
burning of houses by State agents mentioned in Commission’s Admissibility and Merits Report.
Consequently, the Court does not consider the State’s objection to be admissible. The facts
alleged by the representatives regarding the theft and destruction of property and the burning
of homes will be considered as part of the factual framework, and the Court will analyze them in
the corresponding chapters.
48
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 Rodríguez Vera et al. (Disappeared of the Palace of Justice) v. Colombia, supra, para. 47.