3 III PROCEEDING BEFORE THE COMMISSION 7. On May 24, 1997, Guadalupe Yllaconza-Ramirez de Baldeón and Crispín Baldeón-Yllaconza (hereinafter “the petitioners”) filed a petition before the InterAmerican Commission for the alleged illegal and arbitrary detention, torture and extra-judicial execution of their next of kin, Bernabé Baldeón-García, allegedly performed by members of the Peruvian armed forces. 8. On July 3, 1997, the Commission ordered the commencement of the case of Baldeón-García under number 11,767. 9. On October 19, 2004, the Commission, pursuant to Article 50 of the Convention, approved the admissibility and merits report No. 77/04, in which it concluded that the State was responsible for the violation of Article 4 (Right to Life), Article 5 (Right to Humane Treatment), Article 7 (Right to Personal Liberty), Article 8 (Right to a Fair Trial) and Article 25 (Right to Judicial Protection) of the American Convention, in relation to Article 1(1) (Obligation to respect Rights) of the same. Likewise, it considered that the State should adopt the following recommendations: 1. To make a thorough, impartial, effective and immediate investigation of the facts in order to determine the circumstances under which Bernabé Baldeón-García was extra-judicially executed, and to identify all those persons that participated in the events at the different levels of decision making and execution, and also to speed up the criminal proceedings and to impose the corresponding punishment. 2. To make a thorough, impartial and effective investigation of the persons that had taken part in the previous defective investigations and proceedings commenced due to the execution of Bernabé Baldeón-García, in order to make a determination as to the responsibility of such persons for the lack of investigation that derived in the impunity surrounding such case. 3. To provide adequate reparation to Guadalupe Yllaconza-Ramirez and to the children of the victim, respectively, including both the moral and the material damage caused due to the violations of their human rights. 10. On November 11, 2004, the Commission sent the admissibility and merits report to the State granting it a term of two months to adopt the recommendations set forth therein. 11. On the same date, the Commission, pursuant to Article 43(3) of its Rules of Procedure, sent a notice to the petitioners informing them about the adoption of the report and the remittance of that report to the State and requested the petitioners to submit a brief stating their comments regarding the possible filing of the case before the Inter-American Court for its consideration. 12. On December 14, 2004, the petitioners stated that the case should be submitted to the Court for consideration. 13. On December 22, 2004, Peru informed the Commission that “in order to partially comply with the recommendations made in report No. 77/04, on December 7, 2004, the Fiscalía Superior de Ayacucho (Superior Prosecutor’s Office of Ayacucho) ordered that the records of the investigation about the detention, torture and death of Bernabé Baldeón-García be sent to the Fiscalía Especializada en Derechos Humanos, Desapariciones Forzadas, Ejecuciones Extrajudiciales, y