3
until July 8, 2005. The Commission granted the extension requested by the State,
but up to July 1, 2005.
10.
On June 20, 2005, pursuant to the provisions of Article 43(3) of the Rules of
Procedure, the Commission informed the petitioners of the adoption of the Report on
the Merits and of service thereof on the State, and requested them to state their
position as to bringing the case before the Inter-American Court. By means of
communication of June 27, 2005, the petitioners requested that the Commission
submit the case to the Court.
11.
On July 11, 2005, due to the failure of the State to reply regarding the
adoption of the recommendations contained in the Report adopted pursuant to
Article 50 of the American Convention (supra para. 8) and in compliance with Article
51(1) thereof and Article 44 of the Rules of Procedure, the Inter-American
Commission decided to submit the instant case to the jurisdiction of the Court. On
that same day, the State submitted to the Court its report on the measures adopted
to comply with the recommendations contained in Report on the Merits No. 30/05
beyond the deadline set to that purpose (supra para. 9).
IV
PROCEEDING BEFORE THE COURT
12.
On July 11, 2005 the Commission filed an application before the Court in
relation to the instant case. The appendixes to the application were submitted on
July 18, 2005. The Commission appointed Judicial Officer Evelio Fernández-Arévalos
and Executive Secretary Santiago A. Canton as Delegates before the Court, and Ariel
E. Dulitzky, Víctor H. Madrigal-Borloz, Juan Pablo Albán, and Christina M. Cerna as
legal counsels.
13.
On July 27, 2005, the Secretariat of the Court (hereinafter “the Secretariat”),
once the application had been examined by the President of the Court (hereinafter
“the President”), served said application and the appendixes thereto on the State,
which was also notified of the term within which it was to answer the application and
appoint its agents in the proceeding. On that same day, in compliance with the
provisions of Article 35(1)(d) and (e) of the Rules of Procedure, the Secretariat
served the application on Mario Márquez-Maldonado, appointed therein as
representative of the alleged victim and his next of kin (hereinafter “the
representative”), and informed him that a two-month term had been set for filing the
brief containing the requests, arguments, and evidence (hereinafter “brief of
requests and arguments”).
14.
On August 22, 2005 the State appointed Amira Esquivel-Utreras as Agent and
Miguel González-Morales as Deputy Agent.
15.
On September 26, 2005, the representative filed the brief of requests and
arguments and on September 29, 2005 he filed the appendixes thereto.
16.
On November 18 and 25, 2005 the State informed the Court that on October
17 of that year the Inter-American Commission had inquired the State whether “it
was interested in starting a process of amicable solution.”
17.
On November 26, 2005, the State filed a brief with its preliminary objections,
the answer to the application, and its comments on the brief of requests and