3 8. On May 8, 1996, the Commission transmitted to the State Report No. 15A/96, which in its operative paragraphs resolved: 1. To declare that the Peruvian State is responsible for the violation of Luis Alberto Cantoral-Benavides’ rights to personal liberty, humane treatment and a fair trial as set forth in Articles 7, 5 and 8 of the American Convention on Human Rights, all in accordance with the failure to comply with the obligations set forth in Article 1(1). 2. To recommend to the Peruvian State that, in consideration of the examination of the facts and law made by the Commission, it immediately release Luis Alberto Cantoral-Benavides upon receiving notification of this report. 3. To recommend to the Peruvian State that it pay compensation to the claimant in the instant case, for the injury caused as a result of the denounced facts which have been verified by the Commission. 4. To request that the Government of Peru inform the Inter-American Commission on Human Rights, within a period of forty-five (45) days, of any measures it has taken in the instant case in accordance with the recommendations contained in paragraphs 2 and 3 above. 5. To submit the present case to the Inter-American Court of Human Rights, if, within the period established in the preceding paragraph, the State of Peru does not implement the recommendations made by the Commission. 9. On July 5, 1996, by means of note No. 7-5-M/204, the State transmitted to the Commission a copy of the report prepared by a task force comprising representatives of various ministries of the State, in which it stated that during the processing of the case it had indicated several times that there were ongoing judicial proceedings, and that, therefore, domestic remedies had not been exhausted. Moreover, its asserted that there had been a lapse in the right invoked pursuant to Article 46(1)b. of the Convention. Finally, it maintained that it was not possible to respond to the recommendations contained in Report No. 15-A/96. IV PROCEEDINGS BEFORE THE COURT 10. The application corresponding to this case was submitted to the Court on August 8, 1996. The Inter-American Commission named Carlos Ayala Corao and Jean Joseph Exumé as its delegates; Domingo E. Acevedo as its attorney; and as its assistants Iván Bazán-Chacón, Rosa Quedena, José Miguel Vivanco, Viviana Krsticevic, Ariel Dulitzky and Marcela Matamoros, who, according to information from the Commission to the Court, would also act as representatives of the victim. By note of June 18, 1998, Mrs. Matamoros informed the Court that she would not participate in the present case. 11. By note of August 21, 1996, the Secretariat of the Court (hereinafter “the Secretariat’), after the President of the Court (hereinafter “the President”) had made a preliminary review of the application, notified the State of same. 12. On September 6, 1996, the State informed the Court that it had appointed Mario Cavagnaro-Basile as its agent. On June 4, 1998, it named Walter PalominoCabezas as its alternative agent.