18 57. The State warned that the representatives, by including Mr. Sepúlveda Saravia and his next of kin as alleged victims, “intend to add new facts and arguments not presented by the representatives […] before the Commission or in the submission brief and Merits Report before the Court”. It argued that the representatives “have exceeded the facts – both in the context chapter, as well as in the facts and legal grounds” – submitted to the Court, “contrary to the provisions of Article 40(2) of its [R]ules of Procedure”, as follows: (i) in chapter VI-CONTEXT, include the title named: “3. The Community Action Movement or MAC”; (ii) in chapter VII-FACTS- include the following titles: (a) “2. The persecution of the Community Action Movement, MAC” and (b) “3.i The threats and persecution against MAC and José Erminso Sepúlveda”, and (iii) in chapter VIII – LEGAL GROUNDS, the following sections are listed: a first title denominated (a) “2. Violation of the rights to life and humane treatment of José Erminso Sepúlveda and Noel Emiro Omeara Carrascal as a result of the attacks that claimed lives” and “3. Violation of the rights to freedom of expression, freedom of association and political rights of José Erminso Sepúlveda as a result of the constant threats against him and MAC and the extrajudicial execution of which he was a victim”. (capitalisation and bold type in the original) 58. The State specified that in the factual framework defined by the Commission in the Merits Report, the facts were developed clearly and without making any reference to the alleged violations of the rights contained in Articles 13, 16 and 23 of the Convention, to the detriment of José Erminso Sepúlveda, since his attack was merely contextual and the characteristics of the facts related to him are not of supervening facts. Consequently, it requested that the Court preliminarily exclude the context of threats against the MAC and José Erminso Sepúlveda Saravia. 59. The Commission indicated that the contextual elements regarding paramilitarism in Colombia, the situation in the municipality of Aguachica at the time of the events, the actions of illegal armed groups in collaboration with State agents, as well as the persecution against the Community Action Movement (MAC) and the situation of lack of protection in which Mr. Sepúlveda Saravia found himself, are clearly analyzed in the Merits Report and form part of the factual framework of the case, and referred to paragraphs 42, 43 and 47 of the Report. It added that in the title related to the facts about Mr. Omeara Carrascal, the Merits Report makes a clear reference to the fact that Mr. Sepúlveda Saravia belongs to the MAC, and to his risk status, for which it referred to paragraphs 52, 54, 55, 124, 135 and 136. It highlighted that the circumstances in which the attack of January 28, 1994 took place, show an evident relationship of cause and effect between the existing context in Aguachica and the injuries and death of Mr. Omeara Carrascal, as well as the subsequent sequence of violations committed to the detriment of the other two victims. That is, they constitute a direct source of attribution of responsibility. During the public hearing, the Commission noted that the State declared that Mr. Sepúlveda Saravia’s death "is the starting point and should influence the legal analysis made by the Court when determining the international responsibility of the State." 60. The representatives considered that regarding the facts of this case: (a) they cannot be separated from the context of the armed conflict; (b) that it is proven that by 1994 there was an intense joint action by the security forces stationed in the south of Cesar and the paramilitary group "Los Prada", under the premise of combating the insurgent groups present, and (c) the facts concerning the extermination of the MAC and that Mr. Sepúlveda Saravia was one of its leaders cannot be excluded from the analysis of this matter. All of the above was fully known by the State, which failed to comply with its duty to prevent subsequent events and led to the attack perpetrated at the San Roque restaurant on January 28, 1994. The events that happened to both Mr. Sepúlveda Saravia and the Omeara and Álvarez families, originates from the syndication of subversion within a scenario of collaboration and acquiescence between the security forces and paramilitary groups in the persecution and harassment of the MAC.