2 101/99 and later, on March 7, 2005, it approved Report on the Merits No. 26/05 (hereinafter “Report No. 26/05”) under the terms of Article 50 of the Convention, including certain recommendations for the State. The Commission decided to submit the instant case to the jurisdiction of the Court,2 as “though having accepted the conclusions of Report No. 26/05, the State [did] not comply with the recommendations made therein.” 2. In its application, the Commission stated that early in 1988 Mr. Bueno-Alves, a Uruguayan national residing in Argentina, of 43 years of age, a marble craftsman, engaged in a real estate sales transaction with Norma Lage, which at the end was not accomplished. As a result, in February 1988, Mr. Bueno-Alves accused Lage of fraud and threats in relation to the frustrated transaction, originating case No. 24.519. In turn, on March 10, 1988, Norma Lage accused Mr. Bueno-Alves and other persons of fraud and extortion, based on the same transaction, originating criminal proceedings No. 25.314. Later, case No. 25.314 was joined into case No. 24.519.3 3. On March 20, 1988 the parties agreed on the cancellation of the transaction. Notwithstanding, on April 5, 1988, at a meeting held for that purpose, Mr. Bueno-Alves and his attorney, Carlos Alberto Pérez-Galindo, were detained and the offices of the latter were searched by officials of the División de Defraudaciones y Estafas de la Policía Federal Argentina (Fraud and Embezzlement Division of the Argentine Federal Police), under order of the court in charge of criminal proceedings No. 24.519. 4. According to the Commission, Mr. Bueno-Alves was subjected to torture consisting in, inter alia, beating his ears with hollowed hands, while he was at the police station on the dawn of April 6, 1988, so as to force him to declare against himself and his lawyer, which was informed to the judge hearing the case. As a consequence of the beatings, Mr. BuenoAlves allegedly suffered a hearing impairment of his right ear and the loss of his balance function. 5. The Commission stated that the criminal complaint reporting torture of April 8, 1988 originated judicial proceedings No. 24.079, which were closed before those responsible for the torture could be identified and punished. The Commission argued denial of justice with regard to the rights to judicial protection and to a fair trial as required for the investigation and punishment of those responsible. 6. The Commission requested the Court to declare that the State is responsible for the violation of the rights enshrined in Articles 5 (Right to Humane Treatment), 8 (Right to a Fair Trial), and 25 (Right to Judicial Protection) of the American Convention, in relation to Article 1(1) (Obligation to Respect Rights) thereof, to the detriment of Mr. Bueno-Alves. As a consequence of the aforementioned, the Commission requested the Court that the State be required to take measures of reparation on behalf of the alleged victim and his next of kin. 7. On July 20, 2006, the alleged victim’s representative, Helena Teresa AfonsoFernández (hereinafter “the representative”), filed a written brief containing the requests, arguments, and evidence (hereinafter “brief of requests and arguments”) under the terms of Article 23 of the Rules of Procedure. Based on the statement of facts detailed in the 2 The Commission appointed Florentín Meléndez, Commissioner, and Santiago A. Canton, Executive Secretary, as delegates, and Elizabeth Abi-Mershed and Víctor H. Madrigal-Borloz as legal counsels. Later, the Commission also appointed attorneys Lilly Ching and Juan Pablo Albán as legal counsels. 3 Cf. Order of April 25, 1988 issued by Judge Hector Grieben (record of appendixes to the brief of requests, arguments and evidence, folio 4086).