5
That […] it should institute the appropriate measures so that violations of the human
rights of street children do not occur in the future. These measures should include their
effective protection, particularly of minors, and the training and supervision of police
agents so that they do not ill-treat street children.
Lastly, the Commission decided “to transmit this report to the State of Guatemala
and establish a period of two months from the transmittal of the report, for the State
to implement the recommendations contained herein. During this period, the State
is not at liberty to publish the report, as established in Article 50 of the Convention”.
31.
On October 30, 1996, the Commission forwarded Report No. 33/96 to the
State, requesting it to provide information on the measures taken to comply with the
recommendations.
32.
On December 30, 1996, the State requested an extension in order to present
its reply to the Commission’s report. On December 31, 1996, the Commission
informed the State that an extension had been granted until January 6, 1997.
33.
On January 7, 1997, the Commission decided to refer the case to the InterAmerican Court.
34.
On January 9, 1997, the State presented its reply to Report No. 33/96. On
this occasion, Guatemala stated that it would send additional documentation in the
coming days; however, this did not happen. Although it was time-barred, the
Commission accepted the State’s reply.
IV
PROCEEDINGS BEFORE THE COURT
35.
The Commission submitted the application to the Court on January 30, 1997.
It in, it designated John Donaldson and Claudio Grossman as its Delegates, David J.
Padilla and Elizabeth H. Abi-Mershed as its Lawyers and Ariel Dulitzky, Viviana
Krsticevic, Alejandro Valencia Villa, Francisco Cox Vial and José Miguel Vivanco as
assistants.
36.
On February 12, 1997, the Secretariat of the Court (hereinafter “the
Secretariat”), informed the Commission that once “the application has been received
in Spanish, it [would] proceed to formally notify it to the Government of Guatemala”,
as it had been forwarded in English originally.
37.
On March 4, 1997, the Commission sent by fax the application translated into
Spanish in a version that contained several translation errors.
38.
In a note of March 6, 1997, the Secretariat notified the application in English
to the State and informed it that it had four months in which to present its answer,
two months to file preliminary objections and one month to appoint an agent and a
deputy agent; all these periods started from the date of notification of the
application. In a communication of the same date, the State was invited to
designate a Judge ad hoc.
39.
In a further note of the same date, March 6, 1997, the Secretariat requested
the Commission to send the original file processed by the Commission, and also the