5
16.
On June 20, 2004, after an extension had been granted, the term for the
State to inform the Commission of the measures adopted in compliance with Report
No. 112/03 expired. On June 22, 2004, the State forwarded to the Commission
information on the domestic investigations conducted in relation to the events in the
instant case. At the time the extension of the term was granted to the State, the
Commission pointed out that as from the date of expiration thereof “the term for the
parties to decide on the possible submission of the case to the Court will resume its
course” and stated that “[s]aid term would expire on June 30, 2004.”
17.
On June 25, 2004, the Inter-American Commission decided to submit the
instant case to the contentious jurisdiction of the Court, “in view of the failure [of the
State] to satisfactorily implement the recommendations.”
IV
PROCEEDINGS BEFORE THE COURT
18.
On June 30, 2004, the Commission filed an application with the Court in
relation to cases number 12.256, 12.258 and 12.307.
19.
The Commission appointed Commissioner Paulo Sergio Pinheiro and Executive
Secretary Santiago A. Canton as Delegates before the Court, and Ariel Dulitzky,
Débora Benchoam and Lilly Ching as legal advisors.
20.
On August 9, 2004, the Secretariat of the Court (hereinafter "the
Secretariat”), once the application had been preliminarily examined by the President
of the Court (hereinafter “the President”), served the application and its appendixes
on the State, and notified it of the term within which it was to answer the same and
appoint its agents in the proceedings. On that same date, pursuant to the provisions
of Article 35(1)(d) and (e) of the Rules of Procedure, the Secretariat served the
application upon the organizations appointed as representatives of the alleged
victims and their next of kin, on CEJIL, on the Episcopal Vicarship and on COFAVIC,
and informed them that a term of two months had been set for them to file their
brief containing requests, arguments, and evidence (hereinafter the “brief containing
pleadings and motions”).
21.
On September 23, 2004, the State appointed María Auxiliadora Monagas as
regular agent.
22.
On October 8, 2004, the representatives submitted their brief containing
pleadings and motions. In addition to what the Commission had stated in the
application (supra paras. 1 to 7), the representatives requested the Court to declare
that the State was responsible for the violation of the Convention as alleged by the
Commission in relation to Article 2 thereof and to determine whether the State had
violated the “right to the truth […] established in Articles 8, 13, 25 and 1(1) of the
Inter-American Convention,” and the rights enshrined in Articles I(a), I(b), X and XI
of the Inter-American Convention on Forced Disappearance of Persons and Articles 3,
5 and 8 of the Inter-American Convention to Prevent and Punish Torture.
23.
The State failed to submit an answer to the application and its comments on
the brief containing pleadings and motions.