5
not constitute a criminal offence, under the applicable law, at the time it was
committed."
6.
To forward this report to the State, which shall not be authorized to publish it,
granting the State a period of two months to adopt the above recommendations. The
period shall commence from the day on which the report is transmitted.
7.
To inform the petitioner of the adoption of an Article 50 report in this case.
12.
On December 10, 1997, the State rejected the Commission's report, alleging
"legal reasons and
... [of domestic law that impede it] from executing the
recommendations of the honourable Inter-American Commission on Human Rights."
13.
On January 14, 1998, the Commission, in the minutes of a conference
telephone call, decided to refer the case to the Court.
IV
PROCEEDING BEFORE THE COURT
14.
On January 16, 1998, the Commission presented the application to the Court.
The Commission appointed Carlos Ayala-Corao and Hélio Bicudo as its Delegates
before this Court, Jorge E. Taiana and Manuel Velasco-Clark as its Advisors, and
Minerva Gómez, Ariel Dulitzky, Viviana Kristicevic and Marcela Matamoros as their
assistants. In a note received by the Secretariat of the Court (hereinafter the
“Secretariat”) on June 18, 1998, Marcela Matamoros advised that she was
withdrawing from the instant case.
15.
On January 28, 1998, once the President of the Court (hereinafter the
“President") had made a preliminary examination of the application, the Secretariat
notified it to the State, and informed it of the time limits for replying to it, opposing
preliminary objections and appointing its representatives. Moreover, the State was
invited to name a Judge ad hoc.
16.
On February 20, 1998, Panama appointed Rolando Adolfo Reyna-Rodriguez as
the Judge ad hoc.
17.
On February 27, 1998, the State appointed Carlos Vargas-Pizarro as its
Agent.
18.
On April 17, 1998, after having requested two extensions to the period for
presenting preliminary objections, the State filed four preliminary objections.
19.
On May 14, 1998 the State requested an extension of one month to submit its
reply to the application. On May 18, 1998, the Secretariat, in observance of
instructions issued by the President, informed the State that the extension had been
granted.
20.
On May 20, 1998 the Commission presented its observations to the
preliminary objections presented by Panama.
21.
On June 29, 1998, the State submitted its reply to the application. It thereby
expressed that it was respectful of human rights and that it had not invoked either
public order, or social interest as means to suppress, denature or diminish in their
real content the rights established in the Convention. Similarly, it indicated that