3 hear the petition filed by the petitioners for an alleged violation of Articles 5, 8 and 25, and Article 1(1) of the Convention,” and decided to “declare the admissibility of the instant case in relation to the alleged violation of Articles 5, 8, 25 and 1(1) of the American Convention.” 7. On May 29, 2003, the Inter-American Commission, at the petitioners´ request, adopted precautionary measures in favor of Ricardo Gutiérrez-Soler, brother of the alleged victim, “who [would have] endured a series of threats and harassments, and an attempted bomb attack, allegedly aimed at silencing the complaints filed by his next of kin against certain individuals, including Government officers, [allegedly] associated with the commission of the acts of the instant case.” 8. On October 9, 2003 the Commission, according to Article 50 of the Convention, adopted Report No. 45/03, by which it concluded that: the Colombian State has violated Articles 5(1)(2) and (4), 7(1) (2) (3) (4) (5) and (6), 8(1), 8(2), 8(2)(d) and (e), 8(2)(g) and 8(3) and 25, in relation to Article 1(1) of the American Convention, to the detriment of Wilson Gutiérrez-Soler, by reason of the tortures and the cruel, inhuman and degrading treatment inflicted on him while held in custody by the State and on account of the failure by the State to satisfy the requirements of due process of law and right to judicial protection while investigating the violations and prosecuting the responsible parties. The State is also responsible for failure to comply with its fair trial obligations in relation to the violations endured by the victim while held in custody and for failure to compensate the damage caused, including the right to justice. With respect to the above, the Commission recommended that the State should: 1. adopt such measures as may be necessary to investigate and prosecute the parties responsible for the violation of Article 5 of the American Convention, before the ordinary courts, including the measures needed to reopen precluded proceedings or reexamine cases decided by military justice, as allowed by Constitutional Court precedent; 2. adopt such measures as may be necessary for Wilson Gutiérrez-Soler to receive adequate reparation for the pecuniary and non pecuniary damages caused as a result of the violation of Articles 5, 8 and 25; [and] 3. adopt such measures as may be necessary to prevent the occurrence of renewed acts of the same nature. 9. On December 26, 2003, the Commission issued Report No. 45/03 granting the State two months to notify the Commission of the measures adopted in compliance with the recommendations. 10. On January 23, 2004, the Commission, pursuant to Article 43(3) of the Rules of Procedure, notified the petitioners that it had adopted the report and submitted it to the State, and requested them to notify the Commission of their position regarding submission of the case to the Inter-American Court. The petitioners forwarded such information on February 26, 2004. 11. On March 17, 2004, after a time extension had been granted, the term for the State to submit the Report No. 45/03-related information became due, without the State having forwarded any information on the matter. 12. On March 26, 2004, the Inter-American Commission decided to submit the instant case to the Court.