3 8. On October 19, 2004, the Commission approved Report on Admissibility and Merits No. 76/04. As regards to the merits of the case, the Commission found that the State violated the rights set forth in Article 7 (Right to Personal Liberty), 5 (Right to Personal Integrity), 4 (Right to Life) and 19 (Rights of the Child) of the American Convention, in relation to Article 1(1) (Obligation to Respect Rights) of said treaty, to the detriment of the minor Vargas-Areco, and Articles 8 (Right to Fair Trial) and 25 (Right to Judicial Protection) of the American Convention, in relation to Article 1(1) (Obligation to Respect Rights) of said treaty, to the detriment of the child’s relatives. Likewise, the Commission made some recommendations to the State. 9. On December 27, 2004, the Commission notified the Report on the Merits to the State and granted a term of two months to inform the Commission of the measures adopted in compliance with the recommendations made therein. 10. On February 24, 2005, the State indicated “its undertaking to publicly acknowledge its liability for the events specified in the […] Report on the Merits” of the Commission through a ceremony “presided over by the Minister of Foreign Affairs and the Minister of National Defense.” Moreover, the State undertook “to further on the proceedings initiated before regular criminal courts until final judgment is rendered” and “to allow a term of 1 (one) year to provide fair reparation, given that administrative formalities must be complied with to include in 2006 National Expense Budget the compensation to be paid to the victim’s judicially recognized heirs.” The State also indicated that it was able to pay a maximum amount of US$ 20,000 (twenty thousand United States dollars) as compensation for the events discussed in the instant case. As regards to costs and expenses, the State “considered reasonable offering to pay the amount of [US]$ 5,000 (five thousand [United States] dollars).” Moreover, the State delivered a copy of Decree No. 4399 of December 29, 2004, “[w]hereby conscript Gerardo Vargas-Areco was promoted to the rank of First Deputy Sergeant after his death.” 11. On March 21, 2005, the petitioners requested that the case be submitted to the Court. 12. On March 26, 2005, the Inter-American Commission, in view of the State’s failure to comply with the recommendations contained in the Report approved pursuant to Article 50 of the American Convention, and in accordance with the provisions of Article 51(1) of the Convention and Article 44 of the Rules of Procedure, decided to submit the instant case to the Court. IV PROCEEDING BEFORE THE COURT 13. On March 27, 2005, the Commission filed with the Court an application against the State (supra para. 1 and 12), together with documentary evidence, and offered to submit witness testimonies as further evidence. The Commission appointed José Zalaquett and Santiago A. Canton as delegates, and Ariel Dulitzky, Víctor Madrigal-Borloz, Ignacio Álvarez and Manuela Cuvi-Rodríguez as legal counsel. 14. Through that application, the Commission requested the Court to declare that the State violated the rights set forth in Article 7 (Right to Personal Liberty), 5 (Right to Personal Integrity), 4 (Right to Life) and 19 (Rights of the Child) of the American Convention, in relation to Article 1(1) (Obligation to Respect Rights) of said treaty, to