Uzcátegui and asked “that all the documents that have been presented in said
proceedings form part of the supporting evidence in this case.” Also, in their brief of
July 15, 2011, they requested that the Court “take into account” the file as a whole in
order to “analyze the State’s [alleged] failure to comply with the measures of
protection and the victims’ situation of vulnerability in this case.” For its part, the State
argued in its response, and subsequently, that the reports it has submitted regarding
the provisional measures “should be considered as evidence in favor of the State by
the Court.”
33.
The Court recalls that the purpose of the provisional measures proceedings,
which are of an incidental, precautionary and protective nature, is different from that
of a contentious case, both in procedural aspects and in the assessment of the
evidence and the scope of the decisions.26 Nevertheless, unlike other cases,27 the
beneficiaries of these measures of protection are also the alleged victims in this case.
Furthermore, the purpose of the provisional measures coincides with many aspects of
the merits of the dispute. Therefore, the briefs and documentation submitted in the
provisional measures proceedings will be considered as part of the supporting evidence
in the present case, where applicable, and provided that these have been specifically
and properly referenced or identified, in a timely manner, by the parties with respect
to their arguments.28
V
FACTS
34.
Based on the evidence before it, this Court determines that the following facts
have been duly proven and, therefore, shed light on the factual framework of this case.
A. - Context
35.
It is not disputed that, at the time when the alleged violations of the Convention
took place, extrajudicial killings and other abuses were committed in the State by the
26
Cf. Case of Perozo et al. v. Venezuela, para. 69 and Case of Kichwa Indigenous People of Sarayaku
v. Ecuador, para. 48.
27
Cf. Case of Ríos et al. v. Venezuela. Preliminary Objections, Merits, Reparations and Costs.
Judgment of January 29, 2009. Series C No. 194, para. 58 and Case of Kichwa Indigenous People of
Sarayaku v. Ecuador, para. 48.
28
Cf. Case of the Kichwa Indigenous People of Sarayaku v. Ecuador, para. 48.
10