3 preliminary objection of non-exhaustion of domestic remedies and asked the Commission to consider its participation in the friendly settlement negotiations to be at an end. 7. At the petitioner's request, another hearing was held on February 1995, at which, according to the Commission, Guatemala again rejected proposal of a friendly settlement of the case, submitted a new report of proceedings in progress in the domestic courts, and once more invoked objection of non-exhaustion of domestic remedies. 14, the the the 8. On February 15, 1995, the Commission approved Report No. 5/95, and decided in its operative part: TO RECOMMEND 1. That the State of Guatemala accept its objective responsibility for the murder of Mr. Nicholas Blake, his disappearance and the cover-up of his murder; and make the appropriate reparations to his successors; 2. That the State of Guatemala, on the basis of evidence already in existence and evidence obtainable under its legislation, identify, prosecute, detain and punish those responsible for the death of Mr. Nicholas Blake; 3. That the State of Guatemala, on the basis of evidence already in existence and evidence obtainable under its legislation, identify, prosecute, detain and punish those responsible for the cover-up and obstruction of the judicial proceedings concerning the disappearance and death of Mr. Nicholas Blake; 4. That the State of Guatemala take such measures as are necessary to avoid a recurrence of such types of violation, including abuses by the Civil Patrols, cover-ups by civilian and military authorities, and the lack of effective judicial proceedings; 5. That this report, drawn up in accordance with Article 50, be transmitted to the Government, which shall not be at liberty to publish it, and 6. That if within a period of sixty days from the transmittal of this Report, the Government has not implemented the above recommendations, the instant case be submitted to the Inter-American Court of Human Rights pursuant to Article 51 of the American Convention. 9. On May 4, 1995, the Commission transmitted Report No. 5/95 to Guatemala, informing it that if it failed to implement the recommendations contained therein, the Commission would submit the case for the consideration of the Inter-American Court, as provided in Article 51 of the Convention. 10. On July 5, 1995, the Government transmitted its reply to the Commission, declaring that: [t]he proceedings on the merits are currently at the investigation stage, the last procedural steps being the statements by witnesses in the instant case before the District Prosecutor of the Ministry of the Interior ["Ministerio Público] of Huehuetenango... [and a]s indicated by the statements made by the aforementioned persons, it is evident that the case is progressing. 11. On August 3, 1995, having not reached an agreement with the Government, the Commission submitted the case for the consideration and decision of the Court. IV PROCEEDINGS BEFORE THE COURT