4 in accordance with Article 24 of the Statute of the Court and Articles 37 and 56 of the Rules of Procedure of the Court, DECIDES: 1. To dismiss the preliminary objection concerning the lack of exhaustion of domestic remedies raised by the State. 2. To continue holding the public hearing convened by the Order of the Inter-American Court of Human Rights dated September 22, 2005, as well as to proceed with all the other procedural steps related to the merits, possible reparations and legal costs in the instant case. 3. To notify the State, the Inter-American Commission on Human Rights and the representatives of the alleged victim and his next of kin of the instant Judgment. Judge A.A. Cançado Trindade informed the Court of his Concurring Opinion, which accompanies this Judgment. Done in Spanish and Portuguese, the Spanish version being authoritative, in San José, Costa Rica, on November 30, 2005. Sergio García-Ramírez President Alirio Abreu-Burelli Antônio A. Cançado Trindade Manuel E. Ventura-Robles Oliver Jackman Cecilia Medina-Quiroga Diego García-Sayán