d)
e)
f)
g)
victim is not alive, take the steps necessary for his remains to be returned to
his family;
ii) Implement the domestic procedures related to the human rights violations
established in th[e] report and conduct the criminal proceedings for the
crime of enforced disappearance against Jeremías Osorio Rivera currently
underway, in an impartial and effective manner and within a reasonable
time, in order to fully clarify the incident, identify all the guilty, and impose
the corresponding penalties;
iii Provide adequate redress for the human rights violations established in this
report, covering both the pecuniary and non-pecuniary aspects and including
fair compensation, the establishment and dissemination of the historical
truth of the events, measures to keep alive the disappeared victim’s
memory, and the implementation of a suitable program of psychosocial care
for his next of kin;
iv. Take the necessary steps to prevent similar events from occurring in the
future, in accordance with the duty of prevention and the obligation of
guaranteeing the fundamental rights recognized in the American Convention.
In particular, implement permanent programs on human rights and
international humanitarian law at the training schools of the Armed Forces [,
and]
v. Organize an act of public acknowledgement of its international responsibility
and make a public apology for the violations established in th[e] report.
c. Notification of the State. The Merits report was notified to the State on November
10, 2011, granting it two months to provide information on the measures taken to
comply with the respective recommendations.
First report on compliance and request for an extension. On January 11, 2012, the State
presented its first report on compliance. Subsequently, on February 10, 2012, the State
asked for an extension to the two-month period and waived the possibility of filing
preliminary objections in relation to this time frame. The same day, the Commission notified
the State that it was granted the requested extension.
Second report on compliance and request for an extension. On March 21, 2012, the State
presented its second report on compliance and requested a two-month extension, expressly
waiving the possibility of alleging this time frame before the Court in relation to the
admissibility of the case, in order to have more time to comply with the Commission’s
recommendations On April 10, 2012, the Commission notified the State that it was granted
the requested extension.
Third report on compliance and request for an extension. On May 24, 2012, the State
forwarded its third report on compliance and requested a third extension for three months.
However, the Commission considered “that the information provided by the State on the
three occasions d[id] not reveal substantial progress in complying with the
recommendations made and, taking into account the position of the petitioners as regards
submitting the case, the Commission decided not to grant the extension requested and to
submit the case to the jurisdiction of the Inter-American Court due to the need to obtain
justice for the [presumed] victims.”
Submission to the Court. On June 10, 2012, the Commission submitted to the jurisdiction of
the Inter-American Court all the facts and human rights violations described in the Merits
report “due to the need to obtain justice for the [presumed] victims, owing to the nature
and severity of the violations proved, and to the State’s failure to comply with the
recommendations.” The Commission appointed Commissioner José de Jesús Orozco and the
then Executive Secretary Santiago A. Canton, as its delegates before the Court and
designated Elizabeth Abi-Mershed, Deputy Executive Secretary, Tatiana Gos and Daniel
Cerqueira, Executive Secretariat lawyers, as legal advisers.
5