2 In accordance with Article 35 of the Rules of Procedure of the InterAmerican Court, the Commission is enclosing with this communication a copy of report No. 85/10 prepared in compliance with Article 50 of the American Convention, as well as a copy of the entire file before the Inter-American Commission (Appendix I) and the annexes used in the preparation of Report 85/10 (Annexes). The merits report was notified to the Costa Rican State by a communication dated August 23, 2010, which was given two months to report on the implementation of the recommendations made therein. On three different occasions, the State requested an extension from the Commission in order to implement those recommendations. The Commission granted the requested extensions, but thus far no significant progress has been made toward compliance. The Commission is therefore submitting this case to the jurisdiction of the Inter-American Court in order to get justice for the victims. As for the recommendation to “[l]ift the ban on in vitro fertilization in the country through the necessary legal procedures”, following notification of merits report 85/10 the Commission received information from the Costa Rican State concerning two bills on in vitro fertilization and embryo transfer that had been introduced in the Legislative Assembly and whose purpose was to lift the ban on that practice in Costa Rica. According to the information available, Bill 17,900 was tabled, and Bill 18,057 is still in the legislative process. Hence, at the present time, the ban on the practice of in vitro fertilization is still in force in Costa Rica. As for the recommendation to “[e]nsure that any regulation of the practice of in vitro fertilization once the ban is lifted be compatible with the state’s obligations with respect to the rights recognized in articles 11(2), 17(2) and 24 (…) [and] take particular care to make certain that persons and/or couples that need and want the treatment have access to the technique of in vitro fertilization so that the treatment can serve its purpose”, the Commission believes it would be inappropriate for it to issue any definitive observations on the bills introduced, since one has already been tabled and the other is still being discussed. It therefore reserves the right to make observations on any law eventually approved in these or other legislative processes, to the extent that they are germane to any reparations that the Court might order. Regarding the recommendation to “[m]ake full reparations to the victims in the present case, to include pecuniary and non-pecuniary damages and measures of satisfaction for the harm done”, the Commission notes that the only information the State has provided concerns the internal mechanisms that the victims could pursue to obtain reparations for “damages and injuries”. From the information available, it turns out that the State has not taken any steps to order the reparations that the victims are owed for the violations of the American Convention declared in the merits report. The Inter-American Commission is submitting to the jurisdiction of the Court the full facts and human rights violations as set out in merits report 85/10 and is asking the Court to adjudge and declare the international responsibility of the Costa Rican State for the following: a) The violation of the rights established in Articles 11.2 and 17.2 of the American Convention, in connection with the obligations established in

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