7
Convention since September 5, 1984, at which time it also accepted the obligatory
jurisdiction of the Court.
IV
PROCEEDING BEFORE THE COMMISSION
5.
On May 13, 1997 the Commission received an application filed by María del
Carmen Verdú and Daniel A. Stragá, representing Víctor David Bulacio and Graciela
Rosa Scavone, parents of the alleged victim, co-sponsored by the Coordinadora
contra la Represión Policial e Institucional (hereinafter “CORREPI”), the Center for
Justice and International Peace (hereinafter “CEJIL”) and the Centro de Estudios
Legales y Sociales (hereinafter the “CELS”) (hereinafter “the applicants”).
6.
On May 16, 1997 the Commission forwarded to the State the relevant parts of
the application and asked the State to provide the appropriate information within 90
days. The State requested three consecutive extensions, which were granted by the
Commission. On December 3, 1997 the State requested that the application be
declared inadmissible, due to non-exhaustion of domestic remedies and that none of
the exceptions set forth in article 46(2) of the Convention had been demonstrated.
The applicants replied on February 26, 1998.
7.
On May 5, 1998 the Commission adopted Admissibility Report No. 29/98,
during its 99th Special Session, and made itself available to the parties to attain a
friendly settlement.
8.
On December 18, 1998 the applicants informed the Commission that the
process of negotiating a friendly settlement with the State had ended, and they
requested that it continue to process the case.
9.
Between March, 1999 and September, 2000 the State and the applicants sent
a number of briefs regarding exhaustion of domestic remedies, as well as important
complementary information pertaining to the case.
10.
On October 3, 2000 the Commission adopted Report No. 72/00, during its
108th Regular Session. In said report, it concluded that Argentina violated the rights
to life (Article 4), to humane treatment (Article 5), to personal liberty (Article 7), to
fair trial (Article 8), of the child (Article 19), and to judicial protection (Article 25), as
well as the obligation to respect human rights (Article 1), enshrined in the American
Convention, to the detriment of minor Walter David Bulacio.
The operative
paragraphs of said report set forth that the State must:
1.
Adopt such measures as may be necessary for the facts stated above not to go
unpunished, including a complete, impartial and effective investigation to establish the
circumstances of the detention, injuries and death of Walter David Bulacio, and
punishment of those responsible in accordance with Argentine legislation.
2.
Adopt such measures as may be necessary for the next of kin of Walter David
Bulacio, Víctor David Bulacio and Graciela Scavone de Bulacio, to receive adequate and
timely reparation for the violations [...] found.
The Commission decides to forward [the] report to the State and to grant it two months
time to comply with the recommendations made. Said term will begin on the date when
the [...] report is forwarded to the State, and the latter may not publish it. The