29 33 39 Julia Benítez Galarza (f) NN Yegros (m) Juana María Chávez (f) Nelson Florentín (m) Ramón Asunción Florentín (m) Marcelino Chávez (m) NN Ayala (m) 40 NN Ayala (m) 41 42 45 Mercedes Ayala (f) Karina Maribel Chávez (f) Silvia Adela Chávez (f) Esteban Jorge Alvarenga (m) Arnaldo Galarza (m) 46 Fátima Galarza (f) 34 35 36 37 38 43 44 1 year 1990 15 days 3 years 1988 7 years 5 months 1989 February, 1991 Tetanus Enterocolitisdehydration Measles Fever 5 years 1989 Measles 2 years “22 years ago” (f. 692) July 6, 1983 Pneumonia 2 days after being born 1 year 7 months 2 months February 14, 2004 2 months September 27, 2005 December 5, 2005 2 and a half months December 10, 2005 3 months January 6, 2006 Dysentery Sepsis Tetanus Respiratory failure Respiratory failure Dyspnea and respiratory failure Malnutrition, dyspnea and general edema Malnutrition, dyspnea and general edema 68. The Court has already established that as regards to the facts which constitute the purpose of the proceedings, it is not possible for the representatives to allege new matters of fact other than those alleged in the application, without prejudice to the possibility of stating those facts which allow explaining, clarifying or dismissing those which have been stated in the application or replying to the claims put forth by the applicant. This is quite different from the case of the supervening facts, which can be submitted by either party at any stage of the proceedings before judgment is rendered.17 69. In this regard, the Court notes that the death of the child Juan Ramón Marecos (case No. 32) was not included in the petition filed with the Commission, but in the pleading submitted by the representatives; that is to say, it is a new fact. Furthermore, the alleged date of death of the child is prior to the filing of the petition, whereby it may be deemed to be a supervening fact. In view of this, such death shall not be examined by the Court. 70. Regarding the fourteen deaths referred to by expert witness Pablo Balmaceda (cases No. 33 to 46), which the representatives and the Commission requested that be charged to the State in their respective final written pleadings, the Court has verified that only the deaths of the children Silvia Adela Chávez (case No. 43), Esteban Jorge Alvarenga (case no. 44), Arnaldo Galarza (case No. 45) and Fátima 17 Cf. Case of Pueblo Bello Massacre, supra note 3, para. 54; Case of Mapiripán Massacre, supra note 9, paras. 58 and 59, and Case of “Five Pensioners.” Judgment of February 28, 2003. Series C No. 98.

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