12 more cases are pending to be resolved abroad; sentencing can take decades.
The Inter-American Court of Human Rights (Inter-American Court) issued five judgments against the Ecuadorian State in 2021. The total amount to be paid is $ 1.6 million for reparations to the victims and for procedural costs, among other items.
In the five cases there was a common denominator: decades had to pass to be resolved by international justice, since in the country they were not dealt with correctly, according to international rulings.
The sentences in this year outnumber all previous periods, according to the records of the Inter-American Court since 1996. In 2011 the country also faced four proceedings against it.
The state prepares to disburse, in total, $ 1,627,000. To cover the penalties in four cases, Ecuador will use money from the fiscal coffers, while for the last case, that of Emilio Palacio, The Attorney General’s Office plans to promote a repeat action (in force since the Constitution of 2008); In other words, the political, judicial or public order authorities that caused the violation of human rights pay for their actions and omissions.
For the jurist and human rights specialist, Cristina Izurieta, the State It must guarantee in the internal justice a timely attention to avoid abuses and give “an effective response” to files that are opened in the country. Must also improve legal frameworks and actions of all members of the justice system. “Otherwise, they will continue to rule against Ecuador internationally.” In fact, There are already 12 additional lawsuits that are heard in the Inter-American Court.
A missing writer
The Inter-American Court of Human Rights (IACHR) condemned the State in October 2021 by enforced disappearance From the writer César Gustavo Garzón Guzmán, occurred in Quito, in 1990.
The case occurred in a general context of forced disappearances committed by state agents, against persons identified as subversive, belonging to the groups “Alfaro Vive Carajo” and “Montoneras Patria Libre”.
The judgment points out violation of the rights to recognition of legal personality, life, integrity, personal liberty, judicial guarantees and judicial protection.
A sailor who reported abuse
The State was declared responsible for violating the rights of Vicente Grijalva Good, former member of the Ecuadorian Naval Force. When he was in service, because of the position he held, he came to know about illegal and arbitrary detentions, torture, forced disappearances, and, in addition, on three people who were murdered by members of the Navy.
Grijalva reported these events to his superior in December 1991. Later, he was sent to other positions and investigated. He was even sanctioned by the military courts and they dismissed him.
Police illegally arrested
Police officers Jorge Villaroel, Mario Cevallos, Jorge Coloma, Fernando López, Amílcar Ascázubi and Alfonso Vinueza they were arbitrarily detained, according to the Court. The case began in 2001, when the Comptroller’s Office issued a report regarding alleged irregularities in administrative and financial operations of the Police Command.
A criminal investigation was opened for the crime of embezzlement and falsification in private instruments that caused the generals to and colonels mentioned are between six and eight months in prison. The Court determined that his imprisonment was illegal and arbitrary “in violation of personal liberty, as well as in violation of the principle of presumption of innocence.”
Missing from a mental hospital
Luis Eduardo Guachalá Chimbo was reported as disappeared on January 18, 2004, after being admitted to the Julio Endara psychiatric hospital in Quito. Zoila Chimbo, his motherHe told LA HORA that he went to the health center to see his son the next day, and there a nurse told him that “he had escaped from the hospital” and that this was “his problem.” In addition to searching for him, he initiated a process for the Police and the Prosecutor’s Office to search for him. The investigations were even shelved, but the case was forced to be reopened by court order. The Court ordered the State to comply with 14 remedial measures among which are: investigate, determine, prosecute and punish all those responsible for this case of violation of human rights.
Universe case judgment
On December 21, 2021, it was learned that the Inter-American Court declared the “international responsibility” of the State of Ecuador for the violation of the rights to freedom of expression, the principle of legality and other violations against the journalist Emilio palace and the directors of the newspaper El Universo, Nicolas Perez Lapentti, César Enrique Pérez Barriga Y Carlos Eduardo Pérez Barriga. This occurred during the government of Rafael Correa and due to a complaint presented by the President himself for the article No to lies. The repair is the most expensive imposed this year.
