3 Penacho Vaca, Pedro Percy González Monasterio and others, is in the phase of legal debate and two of the accused are in preventive detention. In accordance with the State's report, said proceeding is being tried by the Fourth Court in Civil and Commercial Matters, since the judges of the First and Third Courts in Civil and Commercial Matters excused themselves from hearing the case. According to the State, the Judge sitting on the First Court in Civil and Commercial Matters would have excused himself from hearing the case due to the fact that he was “continuously insulted, orally and in writing, by the [plaintiff] Rebeca Ibsen during the process.” Furthermore, the State noted that many of the “hearings convened to carry out the debates were suspended due to the absence of said plaintiff" Rebeca Ibsen. The State requested the Court to be aware of the situations that delay the progress of the proceedings "for reasons attributable to the plaintiff and not to the judicial authorities." It was also submitted, annexed to the State’s report, a copy of the Official Gazzete Nº. 2854, whereby Act Nº 3326 that classifies the crime of forced disappearance, was published. 8. The brief of October 13, 2006, whereby the representatives of the victim’s next of kin (hereinafter, the “representatives”) submitted their observations to the information provided by State. In such respect, they noted that the State has failed to provide the minimum information regarding the measures adopted to identify the mortal rests of José Carlos Trujillo Oroza. By virtue of the silence of the State, the representatives believed that “up to the moment, there has been no specific progress made in order to fulfill the measure of reparation.” Furthermore, they expressed that “the information submitted by the State is partial and does not allow reconstructing the progress made in the case at hand and let alone, the lines of investigations that are under the charge of the judicial authorities." Likewise, the representatives shown their concern regarding the fact that the proceeding is still being tried by a Civil Court instead of a Criminal Court. Furthermore, the representatives pointed out that the State has complied with the obligation to include, in the domestic criminal system, the crime of forced disappearance of people. Based on the foregoing, the representatives requested the Tribunal to order the State to expedite the measures in order to promptly identify the mortal remains of José Carlos Trujillo. To such end, the representatives pointed out that the State should provide relevant information about the measures adopted and order that the Consejo Interinstitucional para el Esclarecimiento de Desapariciones Forzadas [Interinstitutional Council for the Elucidation on the Forced Disappearance of People] (hereinafter, “Consejo Interinstitucional”) or the Attorney General (Office of the Public Prosecutor) organize a research team and adopt a working plan that includes a schedule for burials in which the location of the mortal remains of the victim has priority. Furthermore, they requested to order the State guarantee progress in the investigation in order to identify and, if applicable, punish the responsible of the forced disappearance of José Carlos Trujillo Oroza and to such end, to necessarily appoint a judge in criminal matters and a Special State’s Attorney who will ensure impartiality and expedition of the criminal proceedings.