3
Admissibility to the State and the petitioners and put itself at the disposal of the
parties with the objective of achieving an amicable solution.
9.
On November 15, 2001 the State requested that the case be declared
inadmissible. On November 26, 2001 the Commission informed the State that the case
had already been declared admissible and reiterated their intention of putting
themselves at the disposition of the parties in order to achieve a possible amicable
solution. On January 22, 2002 the petitioners communicated their rejection to an
amicable solution, stating that violations of such severity cannot be susceptible of such
extremes.
10.
On March 3, 2003, after analyzing the position of the parties, the Commission
approved Report No. 33/03 on the merits of the case, in which it made the following
recommendations to the State:
1)
Completely repair Mr. Rigoberto Acosta Calderon, which would include
eliminating the criminal record and grant him the corresponding indemnification.
2)
Take the necessary measures to prevent that these acts be repeated in the
future.
3)
Include the requirements of Article 36 of the Vienna Convention on Consular
Relationships into the legislation and internal practices, so that the corresponding
consulate is informed immediately of the detention of one of its nationals, so that it
can provide the assistance it considers appropriate.
11.
On March 25, 2003, the Commission transmitted to the State the previously
mentioned Report, and granted it two months, as of the date of its transmission, so
that they can report on the measures adopted to fulfill the recommendations. On that
same day the Commission informed the petitioner of the issuing of Report No. 33/03
on the merits of the case, and requested that they present, within one month, its
position regarding a possible referral of the case to the Inter-American Court.
12.
The two-month period granted to the State to report on the measures adopted
to fulfill the Commission’s recommendations concluded on May 25, 2003, without it
sending its observations. The Commission was notified by the parties that the Sate was
interested in an amicable solution of the case and that a religious organization, the
Social Pastoral of the Colombian Church, was trying to locate Mr. Acosta Calderon.
Based on the request of the petitioners in favour of the presentation of the case to the
Court, and despite the difficulty to locate the alleged victim, the Commission decided
to submit the present case to the to the jurisdiction of the Court.
IV
PROCEEDING BEFORE THE COURT
13.
On June 25, 2003 the Commission submitted the application to the Court, which
included documentary evidence.
14.
On August 4, 2003 the State and the CEDHU, in its capacity of representative
of the alleged victim (hereinafter (the “representative of the alleged victim” or “the
representatives”) were notified of the application.
15.
On August 29, 2003 the State appointed Mr. Juan Leoro Almeida, Ambassador
of Ecuador before the Republic of Costa Rica, and Erick Roberts as its agents, and Mr.
Rodrigo Durango Cordero as Deputy Agent. It also appointed Mr. Hernán Salgado