inadmissible. The Commission has also decided to publish this decision and to include it in the Commission’s Annual Report to the OAS General Assembly. II. PROCEEDINGS BEFORE THE COMMISSION 1. Petition 1368-04 (Daniel Gerardo Gómez Murillo and Aída Marcela Garita Sánchez) 6. On December 15, 2004, la Commission received the petition and assigned it no. 1368-04. On July 17, 2006, the IACHR transmitted the pertinent sections of the petition to the Costa Rican State, requesting that within a period of two months it submit its reply, as provided in Article 30.2 of the Rules of Procedure of the IACHR. The State’s reply was received on August 5, 2005. 7. In addition, the IACHR received information from the petitioners on the following dates: June 19, 2006, July 7, 2006, September 6, 2006, October 19, 2006, December 15, 2006, January 19, 2007, February 12, 2007, February 26, 2007, May 3, 2007, January 11, 2008, March 31, 2008, April 1, 2008, August 7, 2008, August 8, 2008, August 21, 2008, August 30, 2008, October 28, 2008, November 24, 2008, January 20, 2009, August 5, 2009, August 19, 2009, December 18, 2009, January 3, 2010, February 13, 16, and 17, 2010, and February 22, 2010. Those communications were duly transmitted to the State. 8. Further, the IACHR received observations from the State on the following dates: November 20, 2006, March 23, 2007, February 27, 2007, May 17, 2007, July 18, 2007, October 16, 2008, October 17, 2008, October 29, 2008, November 24, 2008, January 30, 2009, March 13, 2009, May 26, 2009, June 3, 2009, and January 22, 2010. Those communications were duly transmitted to the petitioners. 9. On October 28, 2008, during the 133rd regular period of sessions of the IACHR, a public hearing was held on petitions 1368-04, 16-05, 678-06, and 1196-06 and on case 12.361. Case 12.361 pertains to the same allegations as does this petition, that is, the alleged violation of human rights that arose from judgment 02306 of March 15, 2000, issued by the Constitutional Chamber of Costa Rica when it declared unconstitutional Presidential Decree 24029-S of February 3, 1995, which regulated the practice of in vitro fertilization in Costa Rica. The hearing was attended by the alleged victims and representatives of the Costa Rican State and included testimony from a victim in case 12.361. 2. Petition 16-05 (Roberto Pérez Gutiérrez and Silvia María Sosa) 10. On December 21, 2004, the Commission received the petition and assigned it no. 16-05. On July 17, 2006, the IACHR transmitted the relevant sections of the petition to the Costa Rican State, requesting that within a period of two months it present its reply, as provided in Article 30.2 of the Rules of Procedure of the IACHR. 11. In addition, the IACHR received information from the petitioners on the following dates: June 19, 2006, September 6, 2006, October 19, 2006, December 15, 2006, January 19, 2007, February 12, 2007, February 26, 2007, May 3, 2007, January 11, 2008, March 31, 2008, April 1, 2008, August 7, 2008, August 8, 2008, August 21, 2008, August 30, 2008, October 1, 2008, October 28, 2008, November 24, 2008, and January 20, 2009. Those communications were duly transmitted to the State. 12. Moreover, the IACHR received observations from the State on the following dates: November 20, 2006, March 23, 2007, February 27, 2007, May 17, 2007, October 16, 2008, October 29, 2008, November 24, 2008, and January 30, 2009. Those communications were duly transmitted to the petitioners. 13. On October 28, 2008, during the 133rd regular period of sessions of the IACHR, a public hearing was held on petitions 1368-04, 16-05, 678-06, and 1196-06 and on case 12.3611. 1 See paragraph 9 of the petition. 2

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