3 III PROCEEDING BEFORE THE COMMISSION 5. On October 8, 1992 Mrs. Victoria Margarita Palomino-Buitrón filed a petition on account of the disappearance of her son, Mr. Santiago Gómez-Palomino, before the Inter-American Commission. On October 13, 1992 the Commission started processing the case under No. 11.062. 6. On March 11, 2004, during the 119th Regular Session, the Commission approved the Admissibility and Merits Report No. 26/04, wherein it made a set of recommendations to the State: 1. Perform a complete, unbiased, effective and immediate investigation of the facts, for the purpose of establishing responsibilities for the disappearance and the murder of Mr. Santiago Fortunato Gómez-Palomino, in order to identify all the persons who were involved therewith at the various decision and execution levels, to bring them to trial and to impose upon them whatever punishment[s] may be appropriate. 2. Perform a complete, unbiased and effective investigation of the persons who participated in the ineffective investigations and proceedings instituted heretofore on account of the disappearance of Santiago Fortunato Gómez-Palomino, in order to establish responsibility for the lack of results and the impunity attending such event. 3. To provide adequate reparation to Mrs. Margarita Palomino, mother to the victim and to his common-law wife Esmila Liliana C[o]nislla-Cárdenas and his son, including both the moral and the material damages caused by the violations of their human rights. 4. Institute whichever procedures may be necessary to search for the remains of the victim, to locate them, to identify them and to surrender them to his next of kin. 5. Adopt the measures necessary for amending Article 320 of the Penal Code, in such a way as to render it consistent with the American Convention on Human Rights and the Inter-American Convention On The Forced Disappearance Of Persons. 7. On September 12, 2004, the Inter-American Commission decided to submit the instant case to the jurisdiction of the Court. The Commission did not include the son of Mrs. Esmila Liliana Conislla-Cárdenas, who was so considered in the Admissibility and Merits Report No. 26/04, among the alleged victims in the of the instant case, for the mother filed information with the Commission, after the time the aforementioned report had been adopted, wherein she pointed out that the child is not the biological son of Mr. Santiago Gómez-Palomino nor bears any filial relation to him.

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