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.