unpunished.
problem.
This impunity, the petitioners contend, is a growing
3.
On June 20, 2005, the State filed a belated response to
the petition, asserting that the internal legal remedies to settle the case
had not been exhausted. It therefore entered the pertinent
objection. The State reported that the District Court of Pilar, in the
state of Paraiba was hearing a case against those indicted for the
alleged crime, and had not yet handed down a ruling; the State
reported that the court was still within the time frame allowed by law
to decide a case. The State also pointed out that once a decision was
delivered, a number of appeals were permissible in the domestic courts
and would have to be exhausted before the case could be brought to
an international forum. The State further asserted that the petitioners
had offered no evidence of any civil suit lodged with the appropriate
body to claim any damages and injuries sustained by the victim. For
all these reasons, the State claims, the petition must be dismissed and
the Commission’s case closed.
4.
After examining the parties positions in light of the
admissibility requirements established in Articles 46 and 47 of the
American Convention, the Commission decided to declare the case
admissible with regard to Articles 4, 8 and 25 of the American
Convention, in connection with the general obligation contained in
Article 1.1 thereof. Accordingly, the Commission decided to notify the
parties, to publish this admissibility report and to include it in its Annual
Report.
II.
PROCESSING WITH THE COMMISSION
5.
On February 17, 2005, the Commission notified the State
that a petition had been lodged against it, and forwarded it the
pertinent parts thereof. It also informed the State that under Article
30.3 of the Commission’s Rules of Procedure, the State was to submit
its response within two months counted from the date on which the
Commission’s request was transmitted.
6.
The State’s belated response to the petition was dated
June 20, 2005.
7.
On August 5, 2005, the State’s observations on the
petition were forwarded to the petitioners who, by note dated August
23, 2005, requested an extension of the time period allotted to them
to file their observations on the State’s response.
8.
On September 21, 2005, the petitioners were granted
the extension they requested for filing their observations on the State’s
response and were notified of the decision that same day.
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