5
with the recommendations contained therein, within two months from the date of
transmission. By a communication of the same date, the Commission informed the
Petitioners that it had approved Report Nº 65/02, and requested that they provide,
within one month, the information referred to in Article 43(3) of its Rules of
Procedure, regarding their views with respect to a possible referral of the case to the
Inter-American Court.
16.
On December 31, 2002, the Petitioners submitted their response to the
Commission’s communication of November 27, 2002, indicating that “referral to the
Court is appropriate in this case, as the Court represents the only opportunity for Mr.
Caesar to obtain a real and effective remedy for the violations of his human rights”.
17.
On February 26, 2003, the Commission decided to submit the present case to
the Court, as “the State did not provide [it] with a response to its merits Report”.
IV
PROCEEDINGS BEFORE THE COURT
18.
On February 26, 2003, the Commission filed before the Court the Application
in the present case (supra para. 1).
19.
The Commission appointed Robert K. Goldman, Juan E. Méndez, Clare K.
Roberts and Santiago A. Canton as delegates, and Ariel Dulitzky and Brian D.
Tittemore as legal advisors.
20.
On March 20, 2003, the Secretariat of the Court (hereinafter “the
Secretariat”), following a preliminary examination of the Application by the President
of the Court (hereinafter “the President”), notified it with its annexes to the State
and informed it regarding the time limits to answer the Application and to appoint its
representation for the proceeding. On the instructions of the President, the
Secretariat also advised the State of its right to designate a Judge ad hoc to
participate in the consideration of the case.
21.
On March 24, 2003, in accordance with articles 35(1)(e) and (d) of the Rules
of Procedure, the Secretariat notified the Application to the representatives of the
alleged victim (hereinafter “the representatives”). Mrs. Jon Holland, Andrea Monks,
Yasmin Walijje, Yvonne Gray and Peter Carter have represented Mr. Caesar in the
proceedings before the Court.
22.
The State failed to designate either agents or a Judge ad hoc before the time
limit expired on April 20, 2003.
23.
The representatives failed to submit their written brief containing pleadings,
motions and evidence, before the time limit expired on April 24, 2003, as provided
under the terms of Article 35.4 of the Rules of Procedure in force at the time.
24.
The State failed to submit its answer to the Application before the time limit
expired on May 20, 2003, as provided under the terms of Article 37.1 of the Rules of
Procedures in force at the time.