37
Articles 23(1)(c) of the American Convention,160 in the Report on Merits No. 62/07
the Commission considered that “the facts argued by the petitioner as violations of
political rights, were already analyzed in the section regarding the right to judicial
protection and, in that sense, it does not consider it necessary to evaluate them in
light of Article 23 of the American Convention.”161
135. Taking into account that the violation of Article 23(1)(c) was not argued by the
Inter-American Commission, the Court reiterates that the alleged victims and their
representatives may invoke the violation of other rights different to those included in
the application, since they are the bearers of all the rights enshrined in the
Convention, as long as they refer to facts already included in the application, 162
which constitutes the factual framework of the proceeding. 163 The purpose of this
possibility is to make effective the procedural power of locus standi in judicio
acknowledged to them in the Rules of Procedure of the Tribunal, without this
invalidating the conventional limitations to their participation and the exercise of the
Court’s jurisdiction, or a infringement or violation of the State’s right to a defense,
since the latter has the procedural opportunities to respond to the arguments of the
Commission and the representatives during all the stages of the process. Finally, it
corresponds to the Court to decide in each case the admissibility of arguments of
that nature in protection of the procedural balance of the parties.164
136. On the other hand, just as the timely procedural moment for the accused State
to accept or object the central object of the case is the defendant’s response, the
moment during which the alleged victims or their representatives fully exercise that
right of locus standi in judicio is the brief of pleadings, motions, and evidence.165
137. In the present case, the arguments of the representatives regarding the alleged
violation of Article 23(1)(c) of the Convention were filed before the Tribunal in their
brief of pleadings and motions and they are based on facts contemplated in the
Commission’s application. Therefore, the Court will analyze those arguments. The
fact that the Commission did not consider it necessary to evaluate the facts as a
violation of political rights in its Report on Merits does not prevent the Court from
issuing a ruling, since “the Court is not bound by what has previously been decided
by the Commission; on the contrary, it is empowered to issue judgments freely,
160
In Admissibility Report No. 60/06, the Commission considered that “in the event that the
arguments of the petitioners are proven in what refers to not having access and the guarantee of
continuance in the public service, in general conditions of equality, violations of Articles 23 (1) (C) and 24
of the American Convention could be determined.” Admissibility Report No. 60/06, María Cristina Reverón
Trujillo, issued by the Inter-American Commission on July 25, 2006 (dossier of annexes to the application,
Volume I, annex B, folio 35, para. 32).
161
Cf. Merits Report No. 62/07, Case 12,565, María Cristina Reverón Trujillo, issued by the InterAmerican Commission on July 27, 2007 (dossier of annexes to the application, Volume I, annex A, folio
24, para. 99).
162
Cf. Case of “Five Pensioners” v. Peru, supra note 52, para. 155; Case of Perozo et al. v.
Venezuela, supra note 9, para. 32, and Case of Kawas Fernández v. Honduras, supra note 15, para. 127.
163
Cf. Case of the “Mapiripán Massacre” v. Colombia. Merits, Reparations, and Costs. Judgment of
September 15, 2005. Series C No. 134, para. 59; Case of Bayarri v. Argentina, supra note 10, para. 30,
and Case of Perozo et al. v. Venezuela, supra note 9, para. 32.
164
Cf. Case of the “Mapiripán Massacre” v. Colombia, supra note 163, para. 58; Case of Heliodoro
Portugal v. Panama, supra note 10, para. 228, and Case of Perozo et al. v. Venezuela, supra note 9, para.
32.
165
Cf. Case of Yvon Neptune v. Haiti. Merits, Reparations, and Costs. Judgment of May 6, 2008.
Series C No. 180, para. 18 and Case of Perozo et al. v. Venezuela, supra note 9, para. 33.
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