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7.
On March 12, 1996, the Comité de Familiares de Víctimas de los Sucesos de
Febrero-Marzo de 1989 (Committee of Next of Kin of the Victims of the Events of
February-March 1989) (hereinafter “COFAVIC”) and the Centro por la Justicia y el
Derecho Internacional (Center for Justice and International Law) (hereinafter
“CEJIL”) filed a petition before the Inter-American Commission, which was admitted
under number 11,699, regarding the “[alleged] serious events occurred in the
Judicial Detention Center of Catia on November 27, 1992.”
8.
On October 20, 2004 during its 121st Period of Ordinary Sessions, the
Commission approved the report on Admissibility and Merits Nº 79/04, by means of
which it concluded, inter alia, that the State violated the rights embodied in Article 4
(Right to Life), Article 5 (Right to Humane Treatment), Article 8 (Right to Fair Trial)
and Article 25 (Right to Judicial Protection) of the American Convention, regarding
Articles 1(1) and 2 of the same, for the massacre occurring in the Detention Center
of Catia on November 27, 1992, and for the lack of investigation, trial and
punishment of the responsible persons and of effective reparation to the victims of
those violations and their next of kin. The Commission recommended the State to
adopt a series of measures to repair the aforesaid violations.
9.
On November 24, 2004, the Commission sent the State the Report Nº 79/04
and granted it a term of two months to inform about the measures adopted in order
to comply with the recommendations made. On that same date, the Commission,
pursuant to Article 43(3) of the Rules of Procedure, notified the petitioners about the
adoption of the report and the notice given to the State and requested them to
submit their comments regarding the possible submission of the case before the
Inter-American Court; such comments were submitted on January 3, 2005.
10.
On January 24, 2005, the State requested an extension of the term granted
for the submission of the report regarding the compliance with the recommendations
of Report Nº 79/04. The Commission granted the extension; however, the State did
not file the requested information.
11.
On February 18, 2005, the Inter-American Commission decided to submit the
instant case to the jurisdiction of the Court, in view of “the failure to satisfactorily
implement the recommendations stated in Report Nº 79/04.”
IV
PROCEEDING BEFORE THE COURT
12.
On February 24, 2005, the Commission filed an application before the Court
regarding the instant case. The Appendixes to such application were sent on March
14, 2005. The Commission appointed Commissioners Paulo Sergio Pinheiro and
Florentín Meléndez and Executive Secretariat Santiago A. Canton as Delegates before
the Court and Juan Pablo Albán, Débora Benchoam and Víctor H. Madrigal as legal
counsel.
13.
On April 1, 2005, the Secretariat of the Court (hereinafter “the Secretariat”,)
after a preliminary examination of the application by the President of the Court
(hereinafter “the President”,) served the said application and its Appendixes on the
State and also notified the State of the term within which it had to answer the
application and to appoint its attorneys in the proceedings. On April 5, 2005,
pursuant to Article 35(1)(d) and (e) of the Rules of Procedure, the Secretariat served
notice of the application on CEJIL and COFAVIC, representatives of the alleged

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