3
facts that gave rise to this report; and, if appropriate, apply the corresponding criminal
and administrative sanctions.
3.
The necessary measures be adopted so that Maritza Nineth Urrutia García
receives adequate and prompt reparation for the violations established herein.
8.
On October 9, 2001, the Commission forwarded this report to the State and
granted it two months to comply with the recommendations. In a communication of
December 13, 2001, the State advised that, in order to comply with the
recommendation referring to the investigation of the facts, the Commission’s report
had been sent to the Office of the Attorney General (Ministerio Público) so that the
actions it deemed pertinent could be initiated.
With regard to the financial
reparation, the State indicated that “it [was] evaluating the [...] case, in order to
establish the compensation to be made to the beneficiary.”
9.
On January 8, 2002, in view of the failure of the State to comply with the
recommendations, the Commission decided to submit this case to the Inter-American
Court.
IV
PROCEEDING BEFORE THE COURT
10.
The Inter-American Commission submitted the application to the Court on
January 9, 2002, and, as evidence, forwarded 25 attachments containing 26
documents.1
11.
In accordance with Article 22 of the Rules of Procedure, the Commission
appointed Claudio Grossman and Santiago Cantón as Delegates.
Likewise, in
accordance with Article 33 of the Rules of Procedure, the Commission indicated the
name and address of the alleged victim and her next of kin and advised that they
would be represented by Frank La Rue and Susan Kemp of CALDH.
12.
On January 22, 2002, after the President of the Court (hereinafter “the
President”) had made a preliminary examination of the application, the Secretariat of
the Court (hereinafter “the Secretariat”) notified it to the State, together with its
attachments, and informed the State of the time limits for answering it and
appointing its representatives for the proceeding. The same day, the Secretariat, on
the instructions of the President, informed the State of its right to appoint a judge ad
hoc to participate in the consideration of the case. The same day, in accordance with
the provisions of Articles 35(1)(d) and 35(1)(e) of the Rules of Procedure, the
application was notified to CALDH, in the persons of Frank La Rue and Susan Kemp,
as the original petitioner and representative of the alleged victim, and it was
informed that it had 30 days to submit a brief with requests, arguments and
evidence.
13.
On February 4, 2002, the State communicated that it had appointed Jorge
García Laguardia, Ambassador of Guatemala to the Government of the Republic of
Costa Rica, as Agent; Enrique D. Barascout García, First Secretary and Consul, as
Deputy Agent, and Arturo Martínez Gálvez as Judge ad hoc .
1
Cf. Attachments 1 to 25 of the application brief submitted by the Commission on January 9,
2002 (folios 1 to 169 of the file of attachments to the application).