4
1.
To conduct a complete, impartial and effective investigation with the aim of
trying and punishing all participants in the murder of Myrna Mack Chang.
2.
To adopt all necessary measures for the next of kin of Myrna Mack Chang to
receive adequate and timely reparation for the violations found here.
3.
To remove all obstacles and de facto and legal mechanisms that maintain
impunity in the instant case.
4.
To replace the Presidential General Staff as soon as possible in compliance with
the agreement and as set forth in the Peace Accord.
15.
On March 19, 2001 the Commission sent the aforementioned report to the
State and granted it two months to comply with its recommendations. On May 18 of
that same year, the State requested of the Commission a ten-day extension to
submit its report on compliance with the recommendations, and the request was
granted.
16.
On May 30, 2001, the State submitted its reply to Report N° 39/01 by the
Commission.
17.
On June 14, 2001 the Commission decided to submit the case to the
jurisdiction of the Court.
IV
PROCEEDING BEFORE THE COURT
18.
The Commission filed the application before the Court on June 19, 2001, and
attached 52 annexes. The Commission also sent various documents, issued after the
application was filed, in connection with the domestic criminal proceeding and press
reports.
19.
Pursuant to Article 22 of the Rules of Procedure, the Inter-American
Commission appointed Claudio Grossman as Delegate, and Ariel Dulitzky as legal
advisor. Pursuant to Article 33 of the Rules of Procedure, the Commission also stated
the names and addresses of the next of kin of Myrna Mack Chang and informed the
Court that the latter would be represented by the sister of the victim, Helen Mack
Chang.
20.
On July 26, 2001, the Secretariat of the Court (hereinafter “the Secretariat”),
after a preliminary examination of the application by the President of the Court
(hereinafter “the President”), notified the State, including the annexes, and informed
it of the terms to answer the application and to appoint its agents in the proceeding.
That same day, the Secretariat also informed the State of its right to appoint an ad
hoc Judge to participate in consideration of the instant case.
21.
On that same date, pursuant to the provisions of Articles 35(4), 35(1)d) and
35(1)e) of the Rules of Procedure, the application was notified to the representatives
of the next of kin of the victim, and to Helen Mack Chang, for them to submit their
brief with requests, pleadings, and evidence.
22.
On August 6, 2001, the representatives of the next of kin of the victim filed a
note together with which they forwarded a copy of the power of attorney granted by
Helen Mack Chang, who in turn had been appointed as proxy for the other next of kin
of Myrna Mack Chang, in favor of Alberto Bovino; Jeff Clark, representing the
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