indeed represented all the alleged victims. In response, on September 26, 2012 Claudia
Virginia Samayoa Pineda confirmed that, together with B.A., she represented all the
alleged victims in this case. Thus, in compliance with Article 39(1) of the Rules, the
submission of this case was notified to the parties and to the Commission.
40.
On February 14, 2014, upon the instructions of the President of the Court, the
representatives were required to submit, as evidence to facilitate adjudication, the powers
of attorney issued by the alleged victims in this case. Accordingly, on February 28, 2014
the representatives submitted a document signed by “the sons, daughters and
grandchildren of [A.A.]” 36 on February 24, 2014, before a notary public, in which they
stated that:
[i]n May 2012, we expressed our agreement in a private document that the case be submitted to
the Inter-American Court […], and we ratify everything expressed by [B.A.] and Claudia Virginia
Samayoa Pineda on our behalf during the proceeding followed until that date, and [we] the
[presumed] victims confirm that [they] have acted on our behalf and with our consent; and that
we have been kept informed at all times about the course of the proceedings. Likewise, through
this document, we expressly grant [B.A.] and Claudia Virginia Samayoa Pineda the power to
represent us before the Inter-American System […], even after the corresponding Judgment has
been issued.
41.
The Court considers that the brief issued in May 2012, and the mandate accepted
on September 26, 2012, are effective, and were made effective upon B.A. and Claudia
Virginia Samayoa Pineda exercising the representation on behalf of all the alleged victims
and participating in the various procedural acts before the Court (supra paras. 5, 7, 8, 10
and 11). Furthermore, their standing as representatives of the alleged victims was
confirmed in the power of attorney submitted to the Court on February 28, 2014, as
evidence to facilitate adjudication. Consequently, the Court dismisses the State’s
objection.
B) Factual framework
B.1. Arguments of the parties and of the Commission
42.
The State argued that a number of incongruities, contradictions and
inconsistencies exist between the facts which constitute the factual framework established
in Merits Report No. 56/12, and those presented by the petitioners in their brief of
pleadings and motions. Consequently, it requested that the Court declare inadmissible the
action filed against it and, in the event of its objection being dismissed, that it be declared
partially valid, arguing that the brief of pleadings and motions does not comply with the
sine qua non requirements established in Article 40(2) of the Court’s Rules, and therefore
should not be admitted. Furthermore, in its final written arguments, the State explained
that it was not calling for these alleged contradictions, inconsistencies and incongruities to
be assessed separately, i.e. one by one, but rather that the objective was to show the lack
of agreement and legitimacy in the arguments presented by the representatives.
43.
The Commission pointed out that the alleged contradictions, incongruities or
inconsistencies cited by the State are not evident in any of the points raised, and that the
facts referred to by the representatives form part of the factual framework defined by the
Commission. The representatives argued that the account of the facts contained in the
brief of pleadings and motions fits into the factual framework established by the
Commission, and denied that any contradictions exist in that account. In particular, they
noted that five of the alleged contradictions explain or clarify aspects that are already
included in the factual framework, while the four remaining ones refer to facts that had
already been proven, the recounting of the same facts but with different words and the
questions raised about their veracity.
B.2. Considerations of the Court
44.
The Court recalls that the factual framework of the case before it is comprised of
the facts contained in the Merits Report submitted to its consideration. Consequently, it is
not admissible for the parties to allege new facts, distinct from those presented in said
report, without detriment to setting forth those that may explain, clarify or reject the facts
36
and N.A.
The brief was signed by D.A., E.A., B.A., F.A., G.A., I.A., P.A., O.A., Q.A., Z.A., S.A., R.A., J.A., L.A., M.A.
14