6
Nº 94/03 (supra paras. 25 and 26). The Commission granted the extension
requested, the last of them until August 9, 2004.
29.
On February 6 and March 7, 2004 the petitioners presented to communication
to the Commission, in which they stated their interest in the forwarding of the case
to the Court by the Commission (supra para. 27).
30.
On March 7, 2004 Mrs. Mónica Feria Tinta presented a brief and its
appendixes, through which she forwarded the information requested by the
Commission in its communication of January 9, 2004 (supra para. 27). Likewise, she
observed, inter alia, that “the facts were planned as a massacre[…]”, that
information was given to the Commission “on the type of torture inflicted on the
prisoners during and after the massacre,” and she “made emphasis on the physical
violations perpetrated against injured women at the hospitals.” Mrs. Feria Tinta
indicated that “[t]he lack of reference to th[ose] horrendous facts in the
Commission’s report did not s[how] the magnitude and horror of the facts lived by
the prisoners.” Likewise, Mrs. Mónica Feria Tinta expressed, inter alia, that “[they]
consider[ed] as part of the object of th[at] petition not only the facts occurred from
May 6 [through] 9, 1992,” but also “the terrible and inhuman prison regimen to
which […] [the inmates] were submitted with the intent of destroying them as
individuals,” regarding which she had presented information to the Commission.
Similarly, Mrs. Feria Tinta pointed out that “[t]he scope of the Commission’s report
[…] did not reflect that those facts [were] part of the violations committed by the
State.”
31.
On August 5, 2004 the State forwarded a report to the Commission in
response to the recommendations of the Report on Merits Nº 94/03 (supra paras.
25, 26, and 28). The appendixes were presented on August 24, 2004.
32.
On August 13, 2004, “before the lack of a satisfactory implementation of the
recommendations included in report 94/03” (supra para. 25), the Commission
decided to submit the present case to the jurisdiction of the Court.
IV
PROCEEDING BEFORE THE COURT
33.
On September 9, 2004 the Inter-American Commission presented the
application before the Court, and it included documentary evidence, testimonial
evidence, and expert assessments. The Commission presented the appendixes to
the application on September 29, 2004. Likewise, it appointed Freddy Gutiérrez,
Florentín Meléndez, and Santiago A. Canton as delegates and Messrs. Ariel Dulitzky,
Pedro Díaz, Juan Pablo Albán, and Víctor Madrigal as legal advisors.
34.
On October 15, 2004 the Secretariat of the Court (hereinafter “the
Secretariat”), following the instructions of the President of the Court, asked the
Commission to coordinate with the alleged victims and their next of kin so they
would appoint, as soon as possible, a common intervener of the representatives, in
order to proceed to notify the application, pursuant to that stated in Article 23(2) of
the Rules of Procedure of the Tribunal. Likewise, it ruled that the Commission
“indicate[…] who, in [its] opinion[, …] should be considered the common intervener
that [would] represent the alleged victims” in the proceedings before the Court.