8.
On April 27, 2011, the IACHR forwarded a copy of the pertinent portions to the State and gave
it two months to submit observations, in accordance with Article 30(3) of its Rules of Procedure then in force.
On July 7, 2011, the Commission granted an extension at the request of the State. On December 6, 2012, the
IACHR sent the State additional information and requested its to present its observations within one month.
On August 6, 2013, the Commission reiterated the request for observations to the State. The IACHR received
the response of the State on May 5, 2014, and forwarded it to the petitioners on June 18, 2014.
9.
On October 9, 2015, the Executive Secretariat of the IACHR advised the parties of its decision
to separate the petitions that were not connected with the alleged victim Juan Luis Rivera Matus, in accordance
with Article 29(4) of the Commission's Rules of Procedure, and registered the complaint received on March 3,
2008, and the ensuing complaints related thereto as petition P-1566-08, while keeping the matters linked to
Mr. Rivera under petition P-1275-04. The reason for the foregoing was that the original petition filed on behalf
of Mr. Juan Luis Rivera concerned facts relating to civil reparations. Therefore, the petitions received on
November 26, 2004 (concerning reparations in a civil suit) and on January 28, 2008 (related to the application
of a partial lapse in the statutory time period in criminal proceedings), both on behalf of Mr. Rivera, were joined.
Consequently, the petitions filed subsequently by AFDD that exclusively concern the application of partial
statutory limitations in criminal proceedings and are not related to Mr. Rivera and his family were joined under
petition P-1566-08.
10.
In addition, on October 9, 2015, the petitions lodged on August 16, 2010, which were also
joined to petition P-1566-08, were forwarded to the State. On January 7, 2016, the State submitted a written
response to the forwarded petitions, which was relayed to the petitioners on February 17, 2016.
11.
On July 27, 2016, based on a request expressed by the petitioner—and answered by the
State—with a view to reaching a friendly settlement, which the petitioner requested be confined exclusively to
the aspect concerning the judicial declaration of extinction of action in civil proceedings relating to Mr. Rivera’s
case, the Commission decided that said friendly settlement proceeding should be processed separately as
petition P-1275-04 A. In addition, the Commission informed the parties that the aspects of the complaint
regarding the arguments relating to criminal proceedings and the legitimacy of the application of partial
statutory limitations, will be processed as petition P-1275-04 B.
III.
PRIOR CONSIDERATIONS
12.
Bearing in mind that petition P-1275-04 B (lodged by AFDD on January 28, 2008), concerning
Mr. Rivera, and the matters registered under petition P-1566-08 (received by means of a brief dated March 3,
2008, and other subsequent briefs, all presented by AFDD), have to do with the alleged application of partial
statutory limitations in criminal proceedings, this report deals exclusively with those matters and excludes the
matter under petition P-1275-04 A (lodged on November 26, 2004 by Mr. Brkovic), which concerns aspects of
reparations in civil proceedings that are currently the subject of a friendly settlement procedure.
IV.
POSITIONS OF THE PARTIES
A.
Position of the Petitioners
Submissions in common
13.
The complaints were filed as a consequence of judgments rendered by the Supreme Court,
which, the petitioners claim, covertly allowed serious crimes committed against the alleged victims to go
unpunished. In that regard, the petitioners allege that the rulings handed down by the Supreme Court, generally
sua sponte, without prior discussion or presentations by the parties due to a series of irregularities, merely
constituted the appearance of justice, when in reality an array of rights were violated that are protected by the
American convention, such as the prohibition of statutory limitations, proportionality of punishment, and the
right of the victims to have access to the proceedings and to know the truth of what happened to their family
members. They also say that the Supreme Court, by overreaching its authority and reclassifying crimes in
several cases, became a tribunal that did not meet the basic requirements of a competent and impartial court,
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