|
|
|
Status of compliance with the recommendations of the IACHR (Continuation)
Case 11.421, Report No. 93/00, Edison Patricio Quishpe
Alcívar
275. On June 11, 1999, through the good offices of the Commission, the parties reached a friendly settlement agreement. In that agreement, the Ecuadorian State acknowledged its responsibility for violating, through the actions of its state agents, the right to life, to personal liberty, to a fair trial, and to judicial protection, in breach of the American Convention on Human Rights. The State also agreed to pay compensatory damages and to prosecute the guilty. The incident that led to the agreement was the death of Edison Patricio Quishpe at a police station on September 7, 1992, after he had been arrested and subjected to torture and other forms of inhuman, cruel, and degrading treatment.
276. On October 5, 2000, the IACHR adopted Friendly Settlement Report No. 93/00, in which it acknowledged that the State had complied with the payment of a compensation in the amount of US$30,000, and decided:
2. To urge the State to take the necessary measures to carry out the commitment to pursue civil and criminal proceedings and to seek to impose punishment on those persons who, in the performance of government functions or under the color of public authority, are considered to have participated in the alleged violation, and the payment of interest for the delinquency in payment of the compensation.
3. To continue to monitor and supervise implementation of the friendly settlement, and in that context to remind the State, through the Office of the Attorney General, of its commitment to report to the IACHR every three months as to performance of the obligations assumed by the State under this friendly settlement.
277. In November 2008, the IACHR asked both parties to report on compliance with the items still pending. In response, the petitioners reported that no final judgment punishing those responsible for the facts of the case had yet been handed down. The State did not reply to the request for information.
278. In consideration whereof, the IACHR concludes that the State has partially complied with the friendly settlement agreement.
Case 11.439, Report No. 94/00, Byron Roberto Cañaveral (Ecuador)
279. On June 11, 1999, through the good offices of the Commission, the parties reached a friendly settlement agreement. In that agreement, the Ecuadorian State acknowledged its responsibility for violating, through the actions of its state agents, the right to humane treatment, to personal liberty, to a fair trial, and to judicial protection, in breach of the American Convention on Human Rights. The State also agreed to pay compensatory damages and to prosecute the guilty. The case deals with the arrest of Mr. Byron Roberto Cañaveral on May 26, 1993, at the hands of state agents who subjected him to torture and other forms of cruel and inhumane treatment.
280. On October 5, 2000, the IACHR adopted Friendly Settlement Report No. 94/00, in which it acknowledged that the State had complied with the payment of indemnification in the amount of US$7,000, and decided:
2. To urge the State to take the measures needed to carry out the pending commitment to bring civil, criminal, and administrative proceedings against those persons who, in the performance of state functions, participated in the alleged violations, and to pay interest for the delinquency in payment of the compensation.
3. To continue to monitor and supervise implementation of the friendly settlement agreement, and in this context to remind the Ecuadorian State, through the Office of the Attorney General, of its commitment to report to the IACHR every three months on progress in carrying out the obligations assumed by the State under this friendly settlement.
281. On November 10, 2008, the IACHR asked both parties to report on compliance with the items still pending. The Commission received information from the petitioner before the deadline, indicating that the Ecuadorian State had taken none of the civil, criminal, and administrative steps described in paragraph 2 of the recommendations.
282. In consideration whereof, the IACHR concludes that the State has partially complied with the friendly settlement agreement.
Case 11.445, Report No. 95/00, Ángelo Javier Ruales Paredes (Ecuador)
283. On June 11, 1999, through the good offices of the Commission, the parties reached a friendly settlement agreement. In that agreement, the Ecuadorian State acknowledged its responsibility for violating, through the actions of its state agents, the right to humane treatment, to personal liberty, to a fair trial, and to judicial protection, in breach of the American Convention on Human Rights. The State also agreed to pay compensatory damages and to prosecute the guilty. The incident that gave rise to the agreement was the arrest of Mr. Ángelo Javier Ruales Paredes on July 3, 1993, at the hands of state agents, who subjected him to torture and other forms of cruel and inhumane treatment. Although Article 145 of the Police Criminal Code sets a prison term of between six and nine years for perpetrators of the crime of torture, the accused were kept in detention for only six months and then reinstated on active duty.
284. On October 5, 2000, the IACHR adopted Friendly Settlement Report No. 95/00, in which it acknowledged the State’s compliance with the obligation of punishing those responsible for the violations, and decided:
To urge the State to take the necessary steps to fulfill the pending commitment regarding payment of the compensation.
285. On January 15, 2001, the petitioners reported that the State had proceeded to hand over the indemnification, thereby fully complying with the friendly settlement agreement, in that it had previously imposed criminal sanctions on the perpetrators.
286. The IACHR reiterates the conclusion that the friendly settlement agreement has been met in full.
Case 11.466, Report No. 96/00, Manuel Inocencio Lalvay Guamán (Ecuador)
287. On June 11, 1999, through the good offices of the Commission, the parties reached a friendly settlement agreement. In that agreement, the Ecuadorian State acknowledged its responsibility for violating, through the actions of its state agents, the right to humane treatment, to personal liberty, to a fair trial, and to judicial protection, in breach of the American Convention on Human Rights. The State also agreed to pay compensatory damages and to prosecute the guilty. The case deals with a series of arrests of Mr. Manuel Inocencio Lalvay Guamán that took place between 1993 and 1994 at the hands of state agents, who subjected him to torture and other forms of cruel and inhumane treatment.
288. On October 5, 2000, the IACHR adopted Friendly Settlement Report No. 96/00, in which it acknowledged that the State had complied with the payment of a compensation in the amount of US$25,000, and decided:
2. To urge the State to take the measures needed for carrying out the commitments still pending with respect to bringing to trial the persons considered responsible for the facts alleged.
3. To continue to monitor and supervise compliance with each and every point of the friendly settlement agreement, and, in this context, to remind the State, through the Office of the Attorney General, of its commitment to inform the IACHR, every three months, as to the performance of the obligations assumed by the State under this friendly settlement agreement.
289. On December 16, 2008, the IACHR asked both parties to report on compliance with the items still pending. Before the deadline set, information was received from the petitioner indicating that the criminal action had prescribed because of the Police Judge’s failure to act, that he had been told by the Public Prosecution Service in 2001 that statutory limitations did not prevent prosecutors from taking repetition actions against the guilty; however, he said that he had no knowledge of any repetition actions or other civil or administrative steps taken in order to punish the perpetrators.
290. In consideration whereof, the IACHR concludes that the State has partially complied with the friendly settlement agreement.
Case 11.584, Report No. 97/00, Carlos Juela Molina (Ecuador)
291. On June 11, 1999, through the good offices of the Commission, the parties reached a friendly settlement agreement. In that agreement, the Ecuadorian State acknowledged its responsibility for violating, through the actions of its state agents, the right to humane treatment, to personal liberty, to a fair trial, and to judicial protection, in breach of the American Convention on Human Rights. The State also agreed to pay compensatory damages and to prosecute the guilty. The case deals with the arrest of the minor Carlos Juela Molina on December 21, 1989, by an agent of the State who subjected him to torture and other forms of cruel and inhumane treatment. The investigation of the police officer involved in the incident was taken up by the police criminal justice system, which sent the proceedings to the archive.
292. On October 5, 2000, the IACHR adopted Friendly Settlement Report No. 97/00, in which it acknowledged that the State had complied with the payment of indemnification in the amount of US$15,000, and decided:
2. To urge the State to take the measures needed to comply with the pending commitments to punish the persons responsible for the violation alleged.
3. To continue to monitor and supervise compliance with each and every point of the friendly settlement agreement, and in this context to remind the State, through the Office of the Attorney General, of its commitment to report to the IACHR every three months regarding performance of the obligations assumed by the State under this friendly settlement agreement.
293. On December 16, 2008, the IACHR asked both parties to report on compliance with the items still pending. Before the set deadline, information was received from the petitioner indicating that the State had begun no new legal proceedings with the aim of punishing those guilty for the alleged violation.
294. In consideration whereof, the IACHR concludes that the State has partially complied with the friendly settlement agreement.
Case 11.783, Report No. 98/00, Marcia Irene Clavijo Tapia (Ecuador)
295. On June 11, 1999, through the good offices of the Commission, the parties reached a friendly settlement agreement. In that agreement, the Ecuadorian State acknowledged its responsibility for violating, through the actions of its state agents, the right to humane treatment, to personal liberty, to a fair trial, and to judicial protection, in breach of the American Convention on Human Rights. The State also agreed to pay compensatory damages and to prosecute the guilty. The case deals with the arrest of Marcia Irene Clavijo Tapia, carried out without an arrest warrant on May 17, 1993. The victim was subjected to torture and other forms of cruel and inhumane treatment at the time of her arrest, kept in preventive custody for four years, and then the charges against her were dismissed.
296. On October 5, 2000, the IACHR adopted Friendly Settlement Report No. 98/00, in which it acknowledged that the State had complied with the payment of indemnification in the amount of US$63,000, and decided:
2. To urge the State to take the measures necessary to carry out the commitments pending with respect to bringing to trial and punishing the persons responsible for the violations alleged, and to paying interest for the delinquency in payment of the compensation.
3. To continue to monitor and supervise each and every one of the points of the friendly settlement agreement, and, in this context, to remind the State of its commitment to report to the IACHR every three months regarding performance of the obligations assumed by the State under this friendly settlement agreement.
297. In November 2008, the IACHR asked both parties to report on compliance with the items still pending; however, no replies were received.
298.
In
consideration whereof, the IACHR concludes that the State has partially
complied with the friendly settlement agreement.
Case 11.868, Report No. 99/00, Carlos Santiago and Pedro Restrepo Arismendy (Ecuador)
299. On May 14, 1998, through the good offices of the Commission, the parties reached a friendly settlement agreement. In that agreement, the Ecuadorian State acknowledged that “the domestic judicial proceeding was characterized by unjustified delays, excessive technicalities, inefficiency, and denial of justice. The Ecuadorian State could not demonstrate that it was not its official agents who illegally and arbitrarily detained brothers Carlos Santiago and Pedro Andrés Restrepo Arismendy, to the point of torturing them and taking their lives, nor could it refute that those actions were at odds with the Constitution, with our country’s legal framework, and with respect to the international conventions that guarantee human rights.” The State also agreed to pay compensatory damages, to conduct a search for the bodies, and to prosecute the guilty. The case deals with the detention and subsequent disappearance of the brothers Carlos Santiago and Pedro Andrés Restrepo on January 8, 1988, at the hands of officers of the National Police.
300. On October 5, 2000, the IACHR adopted Friendly Settlement Report No. 99/00, in which it acknowledged that the State had complied with the payment of indemnification in the amount of US$2,000,000, and decided:
2. To urge the State to take the measures needed to comply with the commitments still pending to carry out the total, definitive, and complete search for the bodies of the two brothers, and the criminal trial of the persons considered to have participated in the torture, disappearance, and death of the Restrepo Arismendy brothers, as well as in covering up those acts.
3. To continue to monitor and supervise compliance with the settlement agreement, and, in this context, to remind the State, through the Office of the Attorney General, of its commitment to report “periodically, upon request of the Inter-American Commission on Human Rights or the Inter-American Court of Human Rights, as to the performance of the obligations assumed by the State under this friendly settlement.”
301. In November 2008, the IACHR asked both parties to report on the steps taken in compliance with the item transcribed above; however, no replies were received.
302. The IACHR concludes that the friendly settlement has been partially implemented.
Case 11.991, Report No. 100/00, Kelvin Vicente Torres Cueva (Ecuador)
303. On June 11, 1999, through the good offices of the Commission, the parties reached a friendly settlement agreement. In that agreement, the Ecuadorian State acknowledged its responsibility for violating, through the actions of its state agents, the right to humane treatment, to personal liberty, to a fair trial, to equal protection, and to judicial protection, in breach of the American Convention on Human Rights. The State also agreed to pay compensatory damages and to prosecute the guilty. The case deals with the arrest of Kelvin Vicente Torres Cueva, detained without an arrest warrant on June 22, 1992. The victim was subjected to torture and other forms of cruel and inhumane treatment, kept incommunicado for 33 days, and held in preventive custody for more than six years, after which he was released.
304. On October 5, 2000, the IACHR adopted Friendly Settlement Report No. 100/00, in which it acknowledged that the State had complied with the payment of indemnification in the amount of US$50,000 ,and decided:
2. To urge the State to make the decisions needed to carry out the pending commitments to bring to trial the persons considered responsible for the facts alleged, and to pay interest for the delinquency in payment of the compensation.
3. To continue to monitor and supervise compliance with each and every one of the points of the friendly settlement agreement, and, in that context, to remind the State, through the Office of the Attorney General, of its commitment to report to the IACHR every three months on performance of the obligations assumed by the State under this friendly settlement agreement.
305. In November 2008, the IACHR asked both parties to report on compliance with the items still pending, but it received no replies.
306. In consideration whereof, the IACHR concludes that the State has only partially complied with the friendly settlement agreement.
Case 11.478, Report No. 19/01, Juan Clímaco Cuéllar et al. (Ecuador)
307. On June 25, 1998, through the good offices of the Commission, the parties reached a friendly settlement agreement. In that agreement, the Ecuadorian State acknowledged its responsibility for violating, through the actions of its state agents, the right to humane treatment, to personal liberty, to a fair trial, to equal protection, and to judicial protection, in breach of the American Convention on Human Rights. The State also agreed to pay compensatory damages and to prosecute the guilty. The case deals the arrests of Froilán Cuéllar, José Otilio Chicangana, Juan Clímaco Cuéllar, Henry Machoa, Alejandro Aguinda, Demetrio Pianda, Leonel Aguinda, Carlos Enrique Cuéllar, Carmen Bolaños, Josué Bastidas, and Harold Paz, which were carried out without arrest warrants between December 18 and 21, 1993, by hooded members of the Army. The victims were kept incommunicado and subjected to torture and other forms of cruel and inhumane treatment; they were then held in preventive custody for between one and four years, after which they were released.
308. On February 20, 2001 the IACHR adopted Friendly Settlement Report No. 19/01 in which it acknowledged that the State had complied with the payment of indemnification in the amount of US$100,000 to each of the victims, and decided:
2. To urge the State to adopt the measures needed to comply with the commitments pending with respect to the trial of the persons presumed to be responsible for the facts alleged.
3. To continue to monitor and supervise the implementation of each and every point of the friendly settlement agreement, and, in this context, to remind the State, through the Office of the Attorney General, of its commitment to inform the IACHR every three months of compliance with the obligations assumed by the State under this friendly settlement.
309. In November 2008, the IACHR asked both parties to report on compliance with the items still pending. No replies from the parties were received before the deadline.
310. In consideration whereof, the IACHR concludes that the State has partially complied with the friendly settlement agreement.
Case 11.512, Report No. 20/01, Lida Ángela Riera Rodríguez (Ecuador)
311. On June 11, 1999, through the good offices of the Commission, the parties reached a friendly settlement agreement. In that agreement, the Ecuadorian State acknowledged its responsibility for violating, through the actions of its state agents, the right to personal liberty, to a fair trial, and to judicial protection, in breach of the American Convention on Human Rights. The State also agreed to pay compensatory damages and to prosecute the guilty. The case deals the duration of the preventive custody in which Lida Ángela Riera Rodríguez was held in her trial for abetting the crime of embezzlement. The victim was detained on January 7, 1992, on June 26, 1995, she was convicted to a two-year prison term as an as an accessory after the fact, when she had already been in custody for three years and six months.
312. On February 20, 2001, the IACHR adopted Friendly Settlement Report No. 20/01, in which it acknowledged that the State had complied with the payment of indemnification in the amount of US$20,000 to the victim, and decided:
2. To urge the State to adopt the necessary measures to conclude implementation of the commitment regarding the trial of persons implicated in the facts alleged.
3. To continue to monitor and supervise compliance with each and every one of the points of the friendly settlement, and, in this context, to remind the State, through the Office of the Attorney General, of its commitment to inform the IACHR, every three months, of its compliance with the obligations assumed by the State under this friendly settlement agreement.
313. On December 16, 2008, the IACHR asked both parties to report on compliance with the items still pending. Before the set deadline, information was received from the petitioner, reporting that the State had imposed no judicial or administrative sanctions on the perpetrators of the violations of the American Convention that the State had acknowledged. The State submitted no information.
314. In consideration whereof, the IACHR concludes that the State has partially complied with the friendly settlement agreement.
Case 11.605, Report No. 21/01, René Gonzalo Cruz Pazmiño (Ecuador)
315. On June 11, 1999, through the good offices of the Commission, the parties reached a friendly settlement agreement. In that agreement, the Ecuadorian State acknowledged its responsibility for violating, through the actions of its state agents, the right to life, to a fair trial, and to judicial protection, in breach of the American Convention on Human Rights. The State also agreed to pay compensatory damages and to prosecute the guilty. This was in connection with the death of René Gonzalo Cruz Pazmiño, which took place on June 20, 1987, at the hands of a member of the Army.
316. On February 20, 2001, the IACHR adopted Friendly Settlement Report No. 21/01, in which it acknowledged that the State had complied with the payment of compensation damages in the amount of US$30,000 to the victim, and decided:
2. To urge the State to adopt the necessary measures to conclude implementation of the commitment to prosecute the persons implicated in the facts alleged.
3. To continue to monitor and supervise the implementation of each and every point of the friendly settlement agreement, and, in this context, to remind the State, through the Office of the Attorney General, of its commitment to inform the IACHR every three months of compliance with the obligations assumed by the State under this friendly settlement.
317. On December 16, 2008 the IACHR asked both parties to report on compliance with the items still pending. Before the set deadline, information was received from the petitioner, reporting that the State had imposed no judicial or administrative sanctions on the perpetrators of the violations of the American Convention that the State had acknowledged. The State submitted no information.
318. In consideration whereof, the IACHR concludes that the State has only partially with the friendly settlement agreement.
Case 11.779, Report No. 22/01, José Patricio Reascos (Ecuador)
319. On June 11, 1999, through the good offices of the Commission, the parties reached a friendly settlement agreement. In that agreement, the Ecuadorian State acknowledged its responsibility for violating, through the actions of its state agents, the right to personal liberty, to a fair trial, and to judicial protection, in breach of the American Convention on Human Rights. The State also agreed to pay compensatory damages and to prosecute the guilty. This was in connection with the duration of the preventive custody in which José Patricio Reascos was held during his prosecution for narcotics use. The victim was detained on September 12, 1993, and, on September 16, 1997, he was sentenced to an 18-month prison term, when he had already been in custody for four years.
320. On February 20, 2001, the IACHR adopted Friendly Settlement Report No. 22/01, in which it acknowledged that the State had complied with the payment of indemnification in the amount of US$20,000 to the victim, and decided:
2. To urge the State to adopt the measures needed to comply with the commitments pending with respect to the trial of the persons presumed to be responsible for the facts alleged.
3. To continue to monitor and supervise the implementation of each and every point of the friendly settlement agreement, and, in this context, to remind the State, through the Office of the Attorney General, of its commitment to inform the IACHR every three months of compliance with the obligations assumed by the State under this friendly settlement.
321. On December 16, 2008, the IACHR asked both parties to report on compliance with the items still pending. Before the set deadline, information was received from the petitioner, indicating that the State had begun no judicial or administrative proceedings intended to investigate and sanction the individuals responsible for the violations of the American Convention that the State had recognized. The State submitted no information.
322. In consideration whereof, the IACHR concludes that the State has partially complied with the friendly settlement agreement.
Case 11.992, Report No. 66/01, Dayra María Levoyer Jiménez (Ecuador)
323. In Report No. 66/01 of June 14, 2001, the IACHR concluded that the Ecuadorian State had violated, with respect to Mrs. Dayra María Levoyer Jiménez, the following rights enshrined in the American Convention: the right to humane treatment, to personal liberty, to a fair trial, and to judicial protection, in conjunction with the general obligation of respecting and ensuring those rights. This was in connection with the violations of physical integrity and the denial of liberty suffered by Mrs. Levoyer Jiménez, who was detained on June 21, 1992, without an arrest warrant, and kept incommunicado for 39 days, during which time she was subjected to psychological torture. She was held in custody without a conviction for more than five years, and finally all the charges against her were dismissed.
324. The Commission issued the following recommendations to the State:
1. Proceed to grant full reparations, which involves granting adequate compensation to Mrs. Dayra Maria Levoyer Jimenez;
2. Order an investigation to determine responsibility for the violations detected by the Commission and eventually to punish the individuals responsible;
3. Take such steps as are necessary to reform habeas corpus legislation as indicated in the present report, as well as to enact such reforms with immediate effect.
325. On November 5, 2008, the IACHR asked both parties to report on compliance with the items still pending. The Commission received information from the petitioner before the deadline, reporting that the State had complied with item three of the recommendations made by the IACHR in Report No. 66/01. Regarding recommendations 1 and 2, however, the petitioner reported that to date, the State had not “begun a judicial or administrative investigation against the police officers, prosecutors, and judges who participated actively in the facts that were proven during the processing of the case before the IACHR that established that several of the rights guaranteed by the American Convention had been violated” and that neither had it taken any “steps to repair the harm suffered by the victim.”
326. In consideration whereof, the IACHR concludes that the State has partially complied with its recommendations.
Case 11.441, Report No. 104/01, Rodrigo Elicio Muñoz Arcos et al. (Ecuador)
327. On August 15, 2001, through the good offices of the Commission, the parties reached a friendly settlement agreement. In that agreement, the Ecuadorian State acknowledged its responsibility for violating, through the actions of its state agents, the right to humane treatment, to personal liberty, to a fair trial, to equal protection, and to judicial protection, in breach of the American Convention on Human Rights. The State also agreed to pay compensatory damages and to prosecute the guilty. The case deals with arrest of the Colombian citizens Rodrigo Elicio Muñoz Arcos, Luis Artemio Muñoz Arcos, José Morales Rivera, and Segundo Morales Bolaños, who were detained without an arrest warrant on August 26, 1993, by officers of the National Police. The victims were kept incommunicado and subjected to torture and other forms of cruel and inhumane treatment.
328. On October 11, 2001, the IACHR adopted Friendly Settlement Report No. 104/01, in which it acknowledged that the State had complied with paying each victim the amount of US$10,000 as indemnification, and decided:
2. To remind the State that it must comply fully with the friendly settlement agreement by instituting judicial proceedings against the persons implicated in the violations alleged.
3. To continue to monitor and supervise compliance with each and every point of the friendly settlement agreements, and, in this context, to remind the State, through the Office of the Attorney General, of its commitment to report to the IACHR every three months as to compliance with the obligations assumed by the State under these friendly settlements.
329. On November 10, 2008, the IACHR asked both parties to report on compliance with the items still pending. The Commission received information from the petitioner before the deadline, reporting that the State had not complied with the element requiring the commencement of judicial proceedings against the individuals involved in the violations of the American Convention that the State had recognized. The State submitted no information.
330.
In
consideration whereof, the IACHR concludes that the State has partially
complied with the friendly settlement agreement. Case 11.443, Report No. 105/01, Washington Ayora Rodríguez (Ecuador)
331. On August 15, 2001, through the good offices of the Commission, the parties reached a friendly settlement agreement. In that agreement, the Ecuadorian State acknowledged its responsibility for violating, through the actions of its state agents, the right to humane treatment, to personal liberty, to a fair trial, and to judicial protection, in breach of the American Convention on Human Rights. The State also agreed to pay compensatory damages and to prosecute the guilty. The case deals with the arrest of Washington Ayora Rodríguez, detained without an arrest warrant on February 14, 1994. The victim was kept incommunicado and subjected to torture and other forms of cruel and inhumane treatment, after which he was released on the grounds that there was no motive for his arrest.
332. On October 11, 2001, the IACHR adopted Friendly Settlement Report No. 105/01, certifying that the victim had been paid compensatory damages in the amount of US$30,000, and decided:
2. To remind the State that it should fully implement the friendly settlement by beginning judicial proceedings against the persons implicated in the violations alleged.
3. To continue to monitor and supervise the implementation of each and every point of the friendly settlement agreement, and in this context, to remind the State, through the Office of the Attorney General, of its commitment to report to the IACHR, every three months, on the implementation of the obligations assumed by the State under this friendly settlement agreement.
333. On November 10, 2008, the IACHR asked both parties to report on compliance with the items still pending. The Commission received information from the petitioner before the deadline, reporting that “to date no sentence has been handed down to punish the perpetrators of the facts”.
334. In consideration whereof, the IACHR concludes that the State has partially complied with the friendly settlement agreement.
Case 11.450, Report No. 106/01, Marco Vinicio Almeida Calispa (Ecuador)
335. On August 15, 2001, through the good offices of the Commission, the parties reached a friendly settlement agreement. In that agreement, the Ecuadorian State acknowledged its responsibility for violating, through the actions of its state agents, the right to life, to humane treatment, to personal liberty, to a fair trial, and to judicial protection, in breach of the American Convention on Human Rights. The State also agreed to pay compensatory damages and to prosecute the guilty. This case deals with the death of Marco Vinicio Almeida Calispa, which occurred on February 2, 1988, while he was in the custody of police officers, and with the failure of the courts to clear up the incident.
336. On October 11, 2001, the IACHR adopted Friendly Settlement Report No. 106/01, certifying that the amount of US$30,000 had been paid as compensatory damages to the victim’s next-of-kin and decided:
2. To remind the State that it must fully implement the friendly settlement agreement, bringing judicial proceedings against the persons implicated in the violations alleged.
3. To continue to monitor and supervise compliance with each and every one of the points of the friendly settlement agreement, and, in this context, to remind the State, through the Office of the Attorney General, of its commitment to report to the IACHR every three months on compliance with the obligations assumed by the State under this friendly settlement.
337. On November 10, 2008, the IACHR asked both parties to report on compliance with the items still pending. The Commission received information from the petitioner before the deadline, reporting that on November 21, 1994, the First District Court of the National Police overturned the trial summons issued by the lower court and, in its stead, issued an order of irrevocable dismissal. The petitioner added that since that date, the State had taken no action toward the imposing civil or administrative sanctions on the police officers responsible, nor had it investigated the actions of the police magistrates of the First District Court involved in acquitting the state agents involved.
338. In consideration whereof, the IACHR concludes that the State has only partially complied with the friendly settlement agreement.
Case 11.542, Report No. 107/01, Ángel Reiniero Vega Jiménez (Ecuador)
339. On August 15, 2001, through the good offices of the Commission, the parties reached a friendly settlement agreement. In that agreement, the Ecuadorian State acknowledged its responsibility for violating, through the actions of its state agents, the right to life, to humane treatment, to personal liberty, to a fair trial, and to judicial protection, in breach of the American Convention on Human Rights. The State also agreed to pay compensatory damages and to prosecute the guilty. This case deals with the arrest of Ángel Reiniero Vega Jiménez, violently detained in his home by state agents without an arrest warrant on May 5, 1994. After being subjected to torture and other forms of cruel and inhumane treatment, the victim died in a hospital. The charges against the officers involved were dismissed by the police criminal justice system.
340. On October 11, 2001, the IACHR adopted Friendly Settlement Report No. 107/01, certifying that the amount of US$30,000 had been paid as indemnification to the victim’s next-of-kin, and decided:
2. To remind the State that it must fully implement the friendly settlement agreement, bringing judicial proceedings against the persons implicated in the violations alleged.
3. To continue to monitor and supervise compliance with each and every one of the points of the friendly settlement agreement, and, in this context, to remind the State, through the Office of the Attorney General, of its commitment to report to the IACHR every three months on compliance with the obligations assumed by the State under this friendly settlement.
341. The Commission understands that on July 21, 2001, the Criminal Court of the National Police handed down a judgment acquitting the police officers accused of perpetrating the incident. On November 10, 2008, the IACHR asked both parties to report on compliance with the items still pending. The Commission received information from the petitioner before the deadline, reporting that the attorney-general’s office had filed no appeal to enable the District Police Court to conduct a thorough review of the matter and overturn the original acquittal that was handed down. He stated that the Public Prosecution Service had failed to meet is obligation of initiating the criminal action and, consequently, the victim’s death remained unpunished. He also added that the State had begun no civil or administrative action to punish the guilty.
342.
In
consideration whereof, the IACHR concludes that the State has only
partially complied with the friendly settlement agreement. Case 11.574, Report No. 108/01, Wilberto Samuel Manzano (Ecuador)
343. On August 15, 2001, through the good offices of the Commission, the parties reached a friendly settlement agreement. In that agreement, the Ecuadorian State acknowledged its responsibility for violating, through the actions of its state agents, the right to life, to personal liberty, to a fair trial, and to judicial protection, in breach of the American Convention on Human Rights. The State also agreed to pay compensatory damages and to prosecute the guilty. This case deals with the death of Wilberto Samuel Manzano as a result of the actions of state agents on May 11, 1991. The victim was wounded with a firearm and then illegally detained by police officers in civil clothing, following which he died in a hospital. The charges against the officers involved were dismissed by the police criminal justice system.
344. On October 11, 2001, the IACHR adopted Friendly Settlement Report No. 107/01, certifying that the amount of US$30,000 had been paid as compensatory damages to the victim’s next-of-kin, and decided:
2. To remind the State that it must fully implement the friendly settlement agreement, bringing judicial proceedings against the persons implicated in the violations alleged.
3. To continue to monitor and supervise compliance with each and every one of the points of the friendly settlement agreement, and, in this context, to remind the State, through the Office of the Attorney General, of its commitment to report to the IACHR every three months on compliance with the obligations assumed by the State under this friendly settlement.
345. On November 5, 2008, the IACHR asked both parties to report on compliance with the items still pending. The Commission received information from the petitioner before the deadline, reporting that the State had taken no legal action against the perpetrators or the judges involved in the case.
346. In consideration whereof, the IACHR concludes that the State has only partially complied with the friendly settlement agreement.
Case 11.632, Report No. 109/01, Vidal Segura Hurtado (Ecuador)
347. On August 15, 2001, through the good offices of the Commission, the parties reached a friendly settlement agreement. In that agreement, the Ecuadorian State acknowledged its responsibility for violating, through the actions of its state agents, the right to life, to humane treatment, to personal liberty, to a fair trial, and to judicial protection, in breach of the American Convention on Human Rights. The State also agreed to pay compensatory damages and to prosecute the guilty. This case deals with the arrest of Vidal Segura Hurtado, detained without an arrest warrant by officers of the National Police in civilian clothing on April 8, 1993. The victim was subjected to torture and other forms of cruel and inhumane treatment; he was then executed and his body was found on May 8, 1993, on the beltway surrounding the city of Guayaquil.
348. On October 11, 2001, the IACHR adopted Friendly Settlement Report No. 109/01, in which it acknowledged that the State had complied with the payment of compensatory damages in the amount of US$30,000 to the victim’s next-of-kin, and decided:
2. To remind the State that it must fully implement the friendly settlement agreement, bringing judicial proceedings against the persons implicated in the violations alleged.
3. To continue to monitor and supervise compliance with each and every one of the points of the friendly settlement agreement, and, in this context, to remind the State, through the Office of the Attorney General, of its commitment to report to the IACHR every three months on compliance with the obligations assumed by the State under this friendly settlement.
349. On November 5, 2008, the IACHR asked both parties to report on compliance with the items still pending. In response, the petitioner reported that the State had begun no criminal or administrative investigation with a view to punishing the police officers responsible for Vidal Segura Hurtado’s murder. The State submitted no information.
350. In consideration whereof, the IACHR concludes that the State has partially complied with the friendly settlement agreement.
Case 12.007, Report No. 110/01, Pompeyo Carlos Andrade Benítez (Ecuador)
351. On August 15, 2001, through the good offices of the Commission, the parties reached a friendly settlement agreement. In that agreement, the Ecuadorian State acknowledged its responsibility for violating, through the actions of its state agents, the right to personal liberty, to a fair trial, and to judicial protection, in breach of the American Convention on Human Rights. The State also agreed to pay compensatory damages and to prosecute the guilty. The case deals with the arrest of Pompeyo Carlos Andrade Benítez, detained without an arrest warrant on September 18, 1996. After he had been held for ten months, the preventive custody order was canceled and a dismissal order was issued; however, the victim remained in detention.
352. On October 11, 2001, the IACHR adopted Friendly Settlement Report No. 110/01, in which it acknowledged that the State had complied with paying the victim the amount of US$20,000 as compensatory damages, and decided:
2. To remind the State that it must fully implement the friendly settlement agreement, bringing judicial proceedings against the persons implicated in the violations alleged.
3. To continue to monitor and supervise compliance with each and every one of the points of the friendly settlement agreement, and, in this context, to remind the State, through the Office of the Attorney General, of its commitment to report to the IACHR every three months on compliance with the obligations assumed by the State under this friendly settlement.
353. On November 7, 2008, the IACHR asked both parties to report on compliance with the items still pending. In response, the petitioner reported that the State had taken no actions with a view to prosecuting the state agents involved in the violations of the American Convention. The State submitted no reply.
354. In consideration whereof, the IACHR concludes that the State has partially complied with the friendly settlement agreement.
Case 11.515, Report No. 63/03, Bolívar Franco Camacho Arboleda (Ecuador)
355. On July 17, 2002, through the good offices of the Commission, the parties reached a friendly settlement agreement. In that agreement, the Ecuadorian State acknowledged its responsibility for violating, through the actions of its state agents, the right to personal liberty, to a fair trial, and to judicial protection, in breach of the American Convention on Human Rights. The State also agreed to pay compensatory damages and to prosecute the guilty. The case deals with the duration of the preventive custody in which Bolívar Franco Camacho Arboleda was held during his trial for illegal possession of cocaine. The victim was placed in detention on October 7, 1989. On January 24, 1995, he was acquitted and, in February 1995, he was released, after he had been imprisoned for more than five years (63 months).
356. On October 10, 2003, the IACHR adopted Friendly Settlement Report No. 63/03, in which it acknowledged that the State had complied with paying the victim the amount of US$30,000 as compensatory damages, and decided:
2. To remind the State that it must comply fully with the friendly settlement agreement by initiating judicial proceedings against the persons involved in the alleged violations.
3. To continue with its monitoring and supervision of compliance with each and every point in the friendly settlement, and in this context to remind the State, through the Attorney General, of its commitment to report every three months to the IACHR on compliance with the obligations assumed by the State under this friendly settlement.
357. On November 6, 2008, the IACHR asked both parties to report on compliance with the items still pending. In response, the petitioner reported that the State had taken no actions with a view to prosecuting the state agents involved in the violations of the American Convention. The State submitted no information.
358. In consideration whereof, the IACHR concludes that the State has partially complied with the friendly settlement agreement.
Case 12.188, Report No. 64/03, Joffre José Valencia Mero, Priscila Zoreida Valencia Sánchez, Rocío Valencia Sánchez (Ecuador)
359. On November 12, 2002, through the good offices of the Commission, the parties reached a friendly settlement agreement. In that agreement, the Ecuadorian State acknowledged its responsibility for violating, through the actions of its state agents, the right to personal liberty, to a fair trial, and to judicial protection, in breach of the American Convention on Human Rights. The State also agreed to pay compensatory damages and to prosecute the guilty. The case deals with the arrest of Joffre José Valencia Mero, Priscila Zoreida Valencia Sánchez, and Rocío Valencia Sánchez, detained without an arrest warrant by police officers on March 19, 1993. On March 28, 1993, the victims were placed in preventive custody as part of their prosecution for the crimes of drug trafficking and asset laundering. The victims were kept in preventive custody for more than five years, following which they were acquitted.
360. On October 10, 2003, the IACHR adopted Friendly Settlement Report No. 64/03, in which it acknowledged that the State had complied with paying each victim the amount of US$25,000 as indemnification, and decided:
2. To remind the State that it must comply fully with the Friendly Settlement Agreement by initiating judicial proceedings against the persons involved in the alleged violations.
3. To continue with its monitoring and supervision of compliance with each and every point in the friendly settlement; and, in this context, to remind the State, through the Attorney General, of its commitment to report every three months to the IACHR on compliance with the obligations assumed by the State under these friendly settlements.
361. On November 6, 2008, the IACHR asked both parties to report on compliance with the items still pending. In response, the petitioner reported that the State had taken no actions with a view to prosecuting the state agents involved in the violations of the American Convention. The State submitted no information.
362. In consideration whereof, the IACHR concludes that the State has partially complied with the friendly settlement agreement.
Case 12.394, Report No. 65/03, Joaquín Hernández Alvarado, Marlon Loor Argote, and Hugo Lara Pinos (Ecuador)
363. On November 26 and December 16, 2002, through the good offices of the Commission, the parties reached a friendly settlement agreement. In that agreement, the Ecuadorian State acknowledged its responsibility for violating, through the actions of its state agents, the right to humane treatment, to personal liberty, to a fair trial, and to judicial protection, in breach of the American Convention on Human Rights. The State also agreed to pay compensatory damages and to prosecute the guilty. This case deals with the firearm attack on the vehicle carrying Joaquín Hernández Alvarado, Marlon Loor Argote, and Hugo Lara Pinos on May 22, 1999, perpetrated by officers of the National Police. Following the attack the victims were taken into custody, without arrest warrants, and subjected to torture and other forms of cruel and inhumane treatment; they were later released, on the grounds that the attack and arrest were the result of a “police error.”
364. On October 10, 2003, the IACHR adopted Friendly Settlement Report No. 65/03, in which it acknowledged that the State had complied with paying compensation in the amounts of US$100,000 to Mr. Hernández, US$300,000 to Mr. Loor, and US$50,000 to Mr. Lara, and decided:
2. To remind the State that it must comply fully with the friendly settlement agreements by initiating judicial proceedings against the persons involved in the alleged violations.
3. To continue with its monitoring and supervision of compliance with each and every point in the friendly settlements; and, in this context, to remind the State, through the Attorney General, of its commitment to report every three months to the Commission on compliance with the obligations assumed by the State under these friendly settlements.
365. On November 12, 2008, the IACHR asked both parties to report on compliance with the items still pending. In response, the petitioner reported that although the State had paid the principal of the compensation amounts, the interest arising from the delay incurred was still pending liquidation. The petitioner further stated that the facts of the case were investigated by the police criminal justice system and that one of the accused was acquitted and the charges against the other two were dismissed, and that statutory limitations now applied to the proceedings. The petitioner also cited the provisions of Ecuador’s new Constitution, which stipulates that members of the armed forces and National Police must be tried by regular courts (Article 188). The State submitted no information.
366. In consideration whereof, the IACHR concludes that the State has partially complied with the friendly settlement agreement.
Petition 12.205, Report No. 44/06, José René Castro Galarza (Ecuador)
367. On October 10, 2005, through the good offices of the Commission, the parties reached a friendly settlement agreement. In that agreement, the Ecuadorian State acknowledged its responsibility for violating, through the actions of its state agents, the general obligation of respecting and ensuring rights, the right to humane treatment, to personal liberty, to a fair trial, and to judicial protection, and the duty of adopting domestic legal provisions, in breach of the American Convention on Human Rights. The State also agreed to pay compensatory damages and to prosecute the guilty.
368. This case deals with the duration of the preventive custody in which José René Castro Galarza was held during his prosecution for drug trafficking, acting as a front, and illegal enrichment. The victim was detained, without an arrest warrant, on June 26, 1992. He was then kept incommunicado for 34 days. On November 22, 1996, the illegal enrichment charges against the victim were dismissed; on March 23, 1998, the fronting charges were dismissed; and he was sentenced to an eight-year prison term for drug trafficking, which was reduced to six years on September 15, 1997. The victim was kept in prison even though he had been in custody for six years, and he was released on June 16, 1998.
369. On March 15, 2006, the IACHR adopted Friendly Settlement Report No. 44/06, in which it acknowledged that the State had complied with the payment of compensatory damages to the victim in the amount of US$80,000; in addition, it said would continue to follow up on and monitor all the points in the friendly settlement agreement and, in that context, reminded the parties of their commitment to keep the IACHR apprised regarding its implementation.
370. On November 6, 2008, the IACHR asked both parties to report on compliance with the items still pending. In response, the petitioner reported that the State had taken no actions with a view to prosecuting the state agents involved in the violations of the American Convention. The State submitted no information.
371. In consideration whereof, the IACHR concludes that the State has partially complied with the friendly settlement agreement.
Petition 12.207, Report No. 45/06, Lisandro Ramiro Montero Masache (Ecuador)
372. On September 20, 2005, through the good offices of the Commission, the parties reached a friendly settlement agreement. In that agreement, the Ecuadorian State acknowledged its responsibility for violating, through the actions of its state agents, the general obligation of respecting and ensuring rights and the right to personal liberty, to a fair trial, and to judicial protection, in breach of the American Convention on Human Rights. The State also agreed to pay compensatory damages and to prosecute the guilty. The case deals with the arrest of Lisandro Ramiro Montero Masache, detained without an arrest warrant on June 19, 1992. The victim was held in preventive custody for more than five years, following which the charges were dismissed.
373. On March 15, 2006, the IACHR adopted Friendly Settlement Report No. 45/06, in which it acknowledged that the State had complied with the payment of compensation to the victim in the amount of US$60,000; in addition, it said would continue to follow up on and monitor all the points in the friendly settlement agreement and, in that context, reminded the parties of their commitment to keep the IACHR apprised regarding its implementation.
374. On November 6, 2008, the IACHR asked both parties to report on compliance with the items still pending. In response, the petitioner reported that the State had taken no actions with a view to prosecuting the state agents involved in the violations of the American Convention. The State submitted no information.
375. In consideration whereof, the IACHR concludes that the State has partially complied with the friendly settlement agreement.
Case 12.238, Report No. 46/06, Myriam Larrea Pintado (Ecuador)
376. Following the adoption of Admissibility Report No. 8/05, the parties reached a friendly settlement agreement on February 23, 2005. In that agreement, the Ecuadorian State acknowledged its responsibility for violating, through the actions of its state agents, the general obligation of respecting and ensuring rights and the right to personal liberty, to a fair trial, and to judicial protection, in breach of the American Convention on Human Rights. The State also agreed to pay compensatory damages, to remove her name from the public criminal records, to publish its acknowledgment of responsibility, and to prosecute the guilty. The case deals with the duration of the preventive custody in which Myriam Larrea Pintado was held during her prosecution for an alleged fraudulent transfer of property. The victim was imprisoned from November 11, 1992, to May 6, 1994, and was acquitted on October 31, 1994.
377. On March 15, 2006, the IACHR adopted Friendly Settlement Report No. 46/06, in which it acknowledged that the State had complied with the payment of compensatory damages to the victim in the amount of US$275,000; in addition, it said would continue to follow up on and monitor all the points in the friendly settlement agreement and, in that context, reminded the parties of their commitment to keep the IACHR apprised regarding its implementation.
378. In November 2008, the IACHR asked both parties to submit information on the steps taken toward compliance. No replies from the parties were received before the deadline.
379. In consideration whereof, the IACHR concludes that the State has partially complied with the friendly settlement agreement.
Petition 533-01, Report No. 47/06, Fausto Mendoza Giler and Diógenes Mendoza Bravo (Ecuador)
380. On September 20, 2005, through the good offices of the Commission, the parties reached a friendly settlement agreement. In that agreement, the Ecuadorian State acknowledged its responsibility for violating, through the actions of its state agents, the general obligation of respecting and ensuring rights and the right to life, to a fair trial, and to judicial protection, in breach of the American Convention on Human Rights. The State also agreed to pay compensatory damages and to prosecute the guilty.
381. This case deals with the arrest of Fausto Mendoza Giler and Diógenes Mendoza Bravo on March 19, 2000, by members of the Special Operations Group (GOE) of the police. The victims were beaten, following which Fausto Fabricio Mendoza died. Diógenes Mendoza Bravo lodged a private suit against the police officers involved in the arrest and, on July 20, 2000, a generalized trial commencement deed was adopted in which none of those officers was named.
382. On March 15, 2006, the IACHR adopted Friendly Settlement Report No. 47/06, in which it acknowledged that the State had complied with the payment of compensatory damages to the victim in the amount of US$300,000; in addition, it said would continue to follow up on and monitor all the points in the friendly settlement agreement and, in that context, reminded the parties of their commitment to keep the IACHR apprised regarding its implementation.
383. On November 7, 2008, the IACHR asked both parties to report on compliance with the items still pending. In response, the petitioner reported that he had not been informed of any steps taken by the State to punish the perpetrators of the incident. The State submitted no information.
384. In consideration whereof, the IACHR concludes that the State has partially complied with the friendly settlement agreement. [TABLE OF CONTENTS | PREVIOUS | NEXT] |
