3
report to the State, granting it two months, as from the date of notice, to inform the
Commission of the measures adopted in compliance with the recommendations.
9.
On March 13, 2003, the Commission notified CEJIL that the report had been
approved pursuant to Article 50 of the Convention and requested that a
statement of its position on the submission of the case to the jurisdiction of the
Court be filed within one month.
10. On April 14, 2003, CEJIL filed a brief requesting the Commission to submit the
case to the Court, should the State fail to comply with the recommendations
contained in the report.
11. On May 16, 2003, the State requested a 30-day extension to submit its
comments on the Report on the Merits No. 20/03 issued by the Commission (supra
para. 7), and the Commission granted the extension until June 5, 2003.
12. On June 12, 2003, the State requested a new extension to comply with the
recommendations made by the Commission in its Report No. 20/03 (supra para. 7)
and stated that “it expressly waives its right to file preliminary objections
regarding the term set forth in […] Article 51(1) of the American Convention,” in
the understanding that said extension would have the effect of suspending such
term.
13. On August 7, 2003, the State requested a new 2-month extension to comply
with the recommendations made by the Commission in its Report No. 20/03 (supra
para. 7), which was granted until October 12, 2003.
14. On October 7, 2003, the State submitted information to the Commission in
response to the recommendations included in Report on the Merits No. 20/03 (supra
para. 7) and requested a 3–month extension “to bring the case to an end […], given
the stage of conversations and […] the willingness of Palamara” and the State. Said
extension was granted until January 12, 2004. On January 5, 2004, the State
requested another extension to report on the recommendations made by the
Commission, which was granted until April 12, 2004.
15.
On April 13, 2004, after expiration of the term allowed for the State to submit
information on the recommendations made by the Commission on Report on the
Merits No. 20/03 (supra para. 7), the Commission decided to submit the instant case
to the Court.
IV
PROCEEDING BEFORE THE COURT
16. On April 13, 2004, the Inter-American Commission filed an application before
the Court (supra para. 1), together with documentary evidence and offered to submit
testimonies of witnesses and expert witnesses as further evidence. The Commission
appointed Evelio Fernández-Arévalo, Santiago A. Canton and Eduardo Bertoni as
delegates and Andrea Galindo and Lilly Ching as legal counsel.
17. On May 20, 2004, the Secretariat of the Court (hereinafter “the Secretariat”),
after a preliminary examination of the application by the President of the Court
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