4 16. On October 1, 2004, the Commission filed an application before the Court, with documentary evidence attached thereto, and offered to further submit testimony of witnesses and expert witnesses as evidence. The Commission appointed José Zalaquett and Santiago A. Canton as delegates, and Ignacio Álvarez, Ariel Dulitzky, Víctor Madrigal-Borloz and Lillly Ching1 as legal counsels. On October 29, 2004, the Commission filed the Portuguese version of the application. 17. On November 3, 2004, the Secretariat of the Court (hereinafter “the Secretariat”), after a preliminary examination of the application by the President of the Court (hereinafter “the President”), served the application and its annexes on the State and also notified the State of the term within which it had to answer the application and appoint its attorneys-in-fact to act in the proceedings on its behalf. 18. On November 3, 2004, according to the provisions of Article 35(1) of the Rules of Procedure, the Secretariat served the application on the Centro por la Justicia Global in its capacity as representative of the alleged victim and his next of kin 2 (hereinafter “the representatives”) and informed that it must submit a brief of requests, arguments and evidence (hereinafter “the brief of requests and arguments”) within two months. 19. On December 3, 2004, the State notified the appointment of Virginia Charpinel-Junger-Cestari as its attorney-in-fact and stated that it reserved the right to appoint, from time to time, other representatives to act in the instant case. 3 20. On January 14, 2005, the representatives filed a brief of requests and arguments, attached documentary evidence and offered testimonies and reports of expert witnesses as evidence. The representatives asserted that the State failed to comply with the obligations arising from the guarantee of the rights embodied in Articles 4 (Right to Life) and 5 (Right to Humane Treatment) in relation to Article 1(1) (Obligation to Respect Rights) of the Convention, to the detriment of Damião Ximenes-Lopes. Likewise, the representatives pointed out that the State had violated the rights protected under Articles 8 (Right to a Fair Trial) and 25 (Right to Judicial Protection) of the Convention, and the obligation established in Article 1(1) (Obligation to Respect Rights) thereof, to the detriment of Damião Ximenes-Lopes and his next of kin. Furthermore, they requested the Court to order payment of pecuniary and non-pecuniary damages, the adoption of non-repetition measures and reimbursement of costs and expenses. 21. On March 8, 2005, the State filed a brief containing a preliminary objection, the answer to the application and comments on the brief on requests and arguments (hereinafter “the answer”), and attached the documentary evidence and offered to submit testimony of witnesses and expert witnesses as evidence. 1 During the proceedings, the Commission appointed new representatives to act before the Court. During the proceedings, the representatives of the alleged victims and their next of kin appointed new representatives to act before the Court. 2 3 During the proceedings, the State appointed new representatives to act before the Court.