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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