8
Commission also decides to inform the applicants that it has adopted a report under
Article 50 of the American Convention.
11.
The Commission forwarded said report to the State on October 24, 2000;
however, the State did not respond to the recommendations made.
V
PROCEEDING BEFORE THE COURT
12.
On January 24, 2001 the Commission filed an application with the Court
regarding the instant case (supra 1).
13.
The Commission appointed Robert K. Goldman and Víctor Abramovich as
delegates and Raquel Poitevien as legal counsel. The Commission also accredited, as
assistants, Viviana Krsticevic, of CEJIL, Andrea Pochak, of CELS, and María del
Carmen Verdú, of the Coordinadora contra la Represión Policial e Institucional
(hereinafter “CORREPI”), who also act as representatives of the next of kin of the
alleged victim.
14.
On February 6, 2001 the Secretariat of the Court (hereinafter “the
Secretariat”), under instructions by the President of the Court (hereinafter “the
President”), pursuant to the provisions of Articles 33 and 34 of the Rules of
Procedure, asked the Commission to send, within 20 days, various information and
documentation, as well as certain annexes to the application that were incomplete or
illegible. On February 12 and 28, 2001, the Commission sent the documents that
were requested.
15.
In its March 20, 2001 note, the Court notified the State of the application and
its annexes and, in turn, informed the State that it had the right to appoint an ad hoc
Judge to participate in hearing of the case. On April 11, 2001 the State appointed
Ricardo Gil Lavedra as Judge ad hoc, and Alberto Pedro D’Alotto as agent and María
Teresa Flores as alternate agent. On July 4, 2001 the State appointed, in substitution
of the aforementioned persons, María Rosa Cilurzo, as agent, and Andrea G. Gualde,
as alternate agent. In a brief received on March 5, 2003 the State informed the
Court of the appointment of Silvia Susana Testoni as its regular agent in substitution
of Mrs. Cilurzo. Finally, on July 4, 2003 Horacio Daniel Rosatti was appointed regular
agent in substitution of Mrs. Testoni.
16.
In its July 18, 2001 brief, the State submitted its reply to the application and
the respective annexes, several of which were illegible or lacked certain parts. The
Secretariat of the Court requested of the State, several times, copies of the missing
or illegible sheets of the annexes of the reply to the application. On October 14,
2001 the Secretariat was able to forward to the Commission the reply to the
application and its annexes.
17.
On November 2, 2001 the Commission requested of the President an
opportunity to submit other acts in the written proceedings, pursuant to the
provisions of Article 38 of the Rules of Procedure in force. On November 8, 2001 the
President granted the parties an opportunity to submit briefs of reply and rejoinder,
for which it gave each of the parties one month’s time. Said briefs were filed on
December 7, 2001 by the Commission and on January 9, 2002 by the State.