12
adopted to comply with the recommendations contained in the Report
on the Merits and, therefore, that the right of the Chilean State to be
heard was allegedly violated;
53.
54.
f)
prior to the date on which the State was informed of the extension
granted to file its report on compliance, the decision to refer the case
to the Inter-American Court had already been taken and the
representative of the alleged victims had been requested to refer the
facts regarding the case by means of an e-mail, and
g)
after taking cognizance of the report on compliance of the State, the
Commission decided to request the State to inform whether it was
interested in starting a process of amicable solution as provided for in
Article 48(1)(f) of the Convention and 41 of the Rules of Procedure.
Arguments of the Commission
a)
on April 11, 2005 the Commission informed the State of the Report
issued on the merits of the case, granting it a term up to June 11,
2005 to inform the Commission on the measures adopted to comply
with its recommendations;
b)
on June 24, 2005 the State requested the Commission an extension of
such term until July 8, 2005. On June 27, 2005 the Commission
granted the State an extension until July 1, 2005 to submit a report to
the Commission on the measures adopted to comply with its
recommendations. Said term expired without the State having
forwarded any information on the matter;
c)
the e-mail of the representative of the alleged victim to which the
State made reference contains the answer of the representative to the
inquiry made by the Commission in accordance with Article 43(3) of its
Rules of Procedure;
d)
upon failure of the State to submit a report, on July 11, 2005, the last
day of the term set pursuant to Article 51(1) of the Convention, and
the non-compliance by the State of the recommendations contained in
the Report on the Merits, the Commission referred the case to the
Court, and
e)
after the case had been referred to the Court, a communication of the
State
was
received
regarding
its
compliance
with
the
recommendations, wherein it stated that it was interested in starting a
process of amicable solution; the report does not prove the compliance
with the recommendations of the Commission, as it was stated in the
answer to the application; instead, it contains the reasons why the
State considers that it is unable to entirely fulfill such
recommendations, together with the reiteration of the various
measures adopted in order to palliate impunity.
Arguments of the Representative