3 12. On March 4, 2003, having examined the position of the parties and considering that the friendly settlement stage had concluded, the Commission adopted Report on Merits No. 35/03, in which it recommended that the State: 1. Conduct a special, rigorous, impartial and effective investigation in order to prosecute and punish the instigators and perpetrators of the forced disappearance of Marco Antonio Molina Theissen. 2. Adopt the necessary measure to locate the remains of Marco Antonio Molina Theissen and return them to his family. Also, that it adopt measures leading to Emma Theissen de Molina, María Eugenia, Emma Guadalupe and Ana Lucrecia Molina Theissen receiving adequate and prompt reparation for the violations […] established. 3. Adopt the necessary measures to avoid similar acts occurring in the future, pursuant to the obligation to prevent and ensure the fundamental rights recognized in the American Convention. 13. On April 4, 2003, the Commission forwarded this report to the State and granted it two months to provide information on the measures adopted to comply with the recommendations made therein. The same day, the Commission informed the petitioners that it had issued Report No. 35/03 and had forwarded it to the State. It also requested them to provide information in accordance with Article 43(3) of its Rules of Procedure. On April 17, 2003, the Inter-American Commission transmitted to the petitioners, in confidence, some of the conclusions included in the said report. On May 15, 2003, the petitioners provided the Commission with the requested information and expressed their interest in the case being submitted to the Court. 14. On July 3, 2003, based on the State’s failure to comply with the recommendations, the Inter-American Commission decided to submit the instant case to the Inter-American Court. IV PROCEEDING BEFORE THE COURT 15. On July 4, 2003, the Inter-American Commission submitted the application to the Court. The attachments to the application were received on July 30, 2003. 16. In accordance with Article 22 of the Rules of Procedure, the Commission designated Susana Villarán and Santiago Canton as delegates, and María Claudia Pulido as advisor. Also, as established in Article 33 of the Rules of Procedure, the Commission indicated the names and addresses of the victim and his next of kin and advised that they would be represented by the Center for Justice and International law (hereinafter “CEJIL”, “the representatives of the victim and his next of kin” or “the representatives”). 17. On August 7, 2003, after the President of the Court (hereinafter “the President”) had conducted a preliminary review of the application, the Secretariat of the Court (hereinafter “the Secretariat”) notified it to the State together with its attachments and informed the State of the time limits for answering the application and appointing its representatives for the process. On the same day, the Secretariat, on the instructions of the President, informed the State that it had the right to appoint a Judge ad hoc to participate in deliberating and ruling on the case. 18. On August 8, 2003, in accordance with the provisions of Article 35(1)(e) of the Rules of Procedure, the application was notified to CEJIL, represented by Viviana