3
1.
Conduct a special, rigorous, impartial, and effective investigation with the aim
of trying and punishing the direct perpetrators and masterminds of the Plan de Sánchez
massacre.
2.
Make reparations both individually and at the community level for the
consequences of the violation of the rights listed. Measures of reparation must include
identification of all the victims of the Plan de Sánchez massacre, as well as adequate
compensation for their next of kin and for survivors of the massacre.
3.
To adopt such measures as may be necessary to avoid similar facts occurring in
the future, in accordance with the duty of prevention and to ensure the fundamental
rights set forth in the American Convention.
10.
On May 1, 2002 the Commission sent said report to the State and granted
two months, counted from the day it was sent, to comply with the recommendations
set forth in it. That same day the Commission, pursuant to Article 43(3) of its Rules
of Procedure, informed the petitioners that it had issued Report No. 25/02 and had
sent it to the State, and granted them one month’s time to submit their position with
respect to filing of the case before the Court. On May 30, 2002 the petitioners
expressed their interest in submitting the case to the Court.
11.
On July 1, 2002 the State expressed that it had acted in accordance with the
recommendations of the Commission, contained in its Report on the merits.
12.
The Inter-American Commission decided to file the instant case before the
Inter-American Court.
IV
PROCEEDING BEFORE THE COURT
13.
On July 31, 2002 the Inter-American Commission filed the application before
the Court.
14.
Pursuant to Article 22 of the Rules of Procedure, the Commission appointed as
its delegates Susana Villarán and Santiago Canton, and as its counsel María Claudia
Pulido, Isabel Madariaga and Ariel Dulitzky. Pursuant to Article 33 of the Rules of
Procedure, the Commission also stated that the victims and their next of kin would
be represented by the Plan de Sánchez (hereinafter “CALDH”, “the representatives of
the victims and their next of kin” or “the representatives”).
15.
On August 22, 2002 the Secretariat of the Court (hereinafter “the
Secretariat”), after a preliminary examination of the application by the President of
the Court (hereinafter “the President”), forwarded the application and its annexes to
the State, and informed it of the terms to send its reply and to appoint its agents in
the proceeding. That same day the Secretariat, under instruction by the President,
informed the State of its right to appoint an ad hoc judge to participate in
consideration of the case. On August 22, 2002 the Secretariat also forwarded the
application to the representatives of the victims and their next of kin, and informed
them that they had 30 days time to submit their brief with pleadings, motions, and
evidence.
16.
On September 27 and October 1, 2002 the representatives of the victims and
their next of kin sent the brief with pleadings, motions, and evidence and its
annexes, respectively. On October 3, 2002 the Secretariat forwarded the brief to the