3
3.
Compensate the victims.
4.
Adopt the necessary measure to avoid similar events occurring in future, in accordance
with its obligation to safeguard and ensure the fundamental rights recognized in the
American Convention.
8.
On March 19, 2003, the Commission forwarded this report to the State granting
it one month from the date of transmittal to provide information on the measures
adopted to comply with the recommendations.
9.
On March 19, 2003, the Commission informed the petitioners that it had
adopted the report indicated in Article 50 of the American Convention on Human
Rights and requested them to submit, within two months, their position as regards
submitting the case to the Court.
10.
On May 2, 2003, YATAMA, CENIDH and CEJIL presented a brief in which they
requested the Commission to submit the case to the Court, if the State failed to
comply with the recommendations contained in the Commission’s report.
11.
On June 11, 2003, the State forwarded to the Commission its reply concerning
the recommendations made in Report on Merits No. 24/03.
12.
On June 12, 2003, having examined the State’s reply, the Commission decided
to submit the case to the Court.
IV
PROCEEDING BEFORE THE COURT
13.
On June 17, 2003, the Inter-American Commission filed the application before
the Court (supra para. 1) with the documentary evidence, and offered testimonial and
expert evidence. The Commission appointed Susana Villarán and Santiago A. Canton
as delegates, and Isabel Madariaga and Ariel Dulitzky as legal advisors.
14.
On August 21, 2003, after the President of the Court (hereinafter “the
President”) had made a preliminary review of the application, the Secretariat of the
Court (hereinafter “the Secretariat”) notified it, together with the attachments, to the
representatives of the alleged victims (hereinafter “the representatives”) and the
State. It also informed the State of the time limits for answering the application and
appointing its representatives for the proceedings. The same day, on the instructions
of the President, the Secretariat informed the State of its right to appoint a judge ad
hoc to take part in considering the case.
15.
On September 2, 2003, the State appointed José Antonio Tijerino Medrano as
its Agent, Carlos Hernández Palacios, as adviser, and María Cecilia Contreras
Benavides2 as assistant, and advised that it had designated Alejandro Montiel Argüello
as Judge ad hoc.
16.
On November 14, 2003, the representatives of the alleged victims submitted
their brief with requests and arguments with documentary evidence attached, and
offered testimonial and expert evidence.
2
On February 9, 2004, the State forwarded a brief in which it advised that it had appointed María
Cecilia Contreras Benavides as Deputy Agent, and on April 29, 2005, the State remitted a communication in
which it indicated that it had appointed Karla Elaine Carcache Hernández as assistant.