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66.
As to the facts of the case at hand, the application constitutes the factual framework
of the proceeding and the criteria regarding the admissibility of new and supervening facts
have also been established (supra para. 32).
67.
Even though supervening facts may be forwarded to the Tribunal by any of the
parties at any stage of the proceeding before the delivery of the Judgment, this does not
mean that any situation or incident that occurs after those procedural acts may constitute a
supervening fact within the proceeding. A fact of this nature must be phenomenologically
linked to the facts of the proceeding and therefore it is not enough that certain situations or
facts to be related to facts and arguments presented in a case for this Tribunal to be able to
hear them. The representatives have not specified what is that they understand for ongoing
facts nor have they argued why such facts, even in that hypothesis, would have to be
considered as supervening. Besides, supervening facts and references in context do not
constitute new opportunities for the parties to introduce facts different from those that form
part of the factual framework of the proceeding.
68.
As to the facts discussed within the framework of the precautionary measures
ordered by the Inter-American Commission (supra para. 60), that is an autonomous
procedure that the Commission applies based on its Rules of Procedure, with respect to
which the Court has no interference nor shall it hear the case.
69.
The Court notes that in a procedure of provisional measures, initiated in July 2004,
as from a request from the Commission, the State was ordered to adopt such measures as
might be necessary to “safeguard and protect the lives, safety, and freedom of expression
of the reporters, executives and employees of Globovisión, and of the other persons who
are in the facilities of said broadcaster or who are directly linked to the journalistic operation
of this broadcaster” (emphasis added), as well as “to protect the perimeter of the head
offices of the Globovisión social communications broadcaster” [and] to investigate the
facts”. In this way, even though the alleged victims of this case have been also beneficiaries
of those protective measures, the specific or potential group of these beneficiaries is
broader than the group of people formed by the alleged victims of this case. It is worth
mentioning that the procedure of provisional measures has developed in a parallel, but
autonomously, with the processing of this case before the Commission and the Court.
Definitely, the object of this procedure of incidental, precautionary and protective nature is
different to the object of a merely contentious case, not only for the procedural aspects but
also for the assessment of the evidence and the scope of the decisions. Therefore, the
arguments, considerations of fact and evidence discussed in the framework of the
provisional measures, even though they may have a close relationship with the facts of this
case, are not automatically considered as such or as supervening facts. Moreover, the Court
has been informed that there is another procedure pending before the Commission of a case
related to Globovisión Television Station; therefore the provisional measures may have, in
the end, incidence in that proceeding. Based on the foregoing, the proceedings within the
framework of said provisional measures shall not be considered in the instant case, as long
as it has not been formally introduced in the case by means of the appropriate procedural
acts.
70.
Furthermore, it is relevant to refer to the arguments put forward by the Commission
and the representatives as to the merits of the controversy regarding the effects of a noncompliance with the orders to adopt such measures decided by this Tribunal under Article
63(2) of the Convention. The Court has establishes that it is mandatory for the State to
adopt such provisional measures as this Court may order. These orders imply a special duty
to protect the beneficiaries of the measures, insofar as they are in force, and any breach