rejected the facts submitted to the Court’s consideration. They also indicated that facts
classified as supervening can also be admitted. In this regard, it was the role of the InterAmerican Court to decide, in each specific case, on the admissibility of arguments concerning
the factual framework, safeguarding the procedural balance between the parties and the
adversarial principle.
96.
In addition, the representatives indicated that their allegation of the presumed violation
of the right to the truth was based on three facts that were included in the Inter-American
Commission’s Merits Report: (i) the official version of Vladimir Herzog’s suicide by hanging;
(ii) the absence of official documents regarding the circumstances of his arbitrary detention,
torture and murder, and (iii) the absence of an adequate investigation.
G.2. Considerations of the Court
97.
The Court recalls that preliminary objections are allegations of a preliminary nature
intended to prevent the examination of the merits of a matter in dispute by contesting the
admissibility of a case, or the Court’s competence to examine a specific case or any of its
aspects, due either to the person, matter, time or place, provided that such allegations are of
a preliminary nature. 41 If the allegations cannot be considered without first making a
preliminary examination of the merits of the case, they cannot be analyzed by means of a
preliminary objection. 42 Therefore, the Court does not consider that these allegations made
by the State are a preliminary objection, without prejudice to examining the allegation in this
section.
98.
In this regard, the Court recalls that, according to its consistent case law, the factual
framework of the proceedings before the Court consists of the facts contained in the Merits
Report, with the exception of facts classified as supervening, provided that the latter relate to
the facts of the proceedings. This is without prejudice to the representatives being able to
introduce facts that explain, clarify or reject those that have been mentioned in the Merits
Report and have been submitted to the consideration of the Court. 43 In this case, the Court
notes that the information forwarded by the representatives is related to the alleged
institutional cover-up that the Commission refers to in its Merits Report. The Court also
considers that, even though the Commission has not established a violation of the right to the
truth, the public civil action is included in the factual framework of the Merits Report, so that
the facts presented by the representatives in relation to that judicial initiative are admissible
and will be considered in the chapter on the merits.
V.
EVIDENCE
A.
Documentary, testimonial and expert evidence
99.
The Court received diverse documents presented as evidence by the State, the
representatives, and the Commission, attached to their principal briefs (supra paras. 2, 7 and
8). The Court also received the affidavits of expert witnesses John Dinges and Naomi Roht41
Cf. Case of Las Palmeras v. Colombia. Preliminary objections, para. 34, and Case of García Ibarra et al. v. Ecuardor,
Preliminary objections, merits, reparations and costs. Judgment of November 17, 2017. Series C No. 306, para. 18.
42
Cf. Case of Castañeda Gutman v. Mexico, para. 39, and Case of Chinchilla Sandoval v. Guatemala. Preliminary
objections. Merits. Reparations and costs. Judgment of November 30, 2016. Series C No. 328, para. 39.
43
Cf. Case of the "Five Pensioners" v. Peru. Merits, reparations and costs. Judgment of February 28, 2003. Series C
No. 98, para. 153, and Case of Acosta et al. v. Nicaragua. Preliminary objections, merits, reparations and costs.
Judgment of March 25, 2017. Series C No. 334, para. 30.
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