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

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