proposed by the Commission were received during the hearing, as was the recognition by the
State of its international responsibility in this case.
11.
Final written arguments and observations. – On March 1, 2021, the State, the
representative and the Commission submitted their respective final written arguments and
observations. The State also attached annexes to its document. At the instructions of the
President of the Court, the representative and the Commission were offered the opportunity
to submit the considerations that they deemed relevant regarding the annexes. On March 17,
2021, the representative submitted its observations. The Commission did not comment on
the matter (infra para. 34).
12. Deliberation of the present case. – The Court deliberated this Judgment in a virtual
session held on September 1, 2021.6
III
JURISDICTION
13. The Court has jurisdiction to hear this case, pursuant to Article 62(3) of the Convention,
because Ecuador ratified the American Convention on Human Rights on December 28, 1977
and accepted the contentious jurisdiction of the Court on July 24, 1984. It ratified the InterAmerican Convention on Forced Disappearance of Persons on July 27, 2006.7
IV
RECOGNITION OF INTERNATIONAL RESPONSIBILITY
A. Recognition of responsibility by the State and observations of the Commission
and of the representative
14. The State, in the public hearing held January 27-28, 2021 and in its final written
arguments, recognized its international responsibility in this case. It, thus, withdrew its
preliminary objection, accepted the facts “as they were described by the Inter-American
Commission on Human Rights in its Merits Report” and accepted the claims contained in the
Commission’s brief of submission.
15. The State indicated that it agreed with the analysis of the Inter-American Commission
in the sense that Mr. Garzón Guzmán was a disappeared person and that this fact and the
response of the national authorities were incompatible with the inter-American standards and
violated Articles 3, 4(1), 5(1), 5(2) and 7 of the American Convention on Human Rights, in
relation to Article 1(1) thereof, and Article I(a) and (b) of the Inter-American Convention on
Forced Disappearance of Persons for the violations that have occurred since its entry into
force, to the detriment of Mr. Garzón Guzmán. It also accepted that, 30 years after his
disappearance, the investigation continues in its first stages without having clarified the
circumstances of the crime, determined the whereabouts of the victim, and punished those
responsible, has greatly exceeded the time that could be deemed reasonable and has infringed
Vice President; Marisol Blanchard, Deputy Executive Secretary, and Jorge Meza Flores and Christian Gonzalez,
Advisors; b) for the representative of the alleged victims: César Duque, and c) for the State: María Fernanda Álvarez,
Magda Aspirot and Alonso Fonseca.
Due to the exceptional circumstances caused by the COVID-19 pandemic, this Judgment was deliberated
and adopted at the 143rd Regular Session of the Court. which was held using technological means, in accordance
with the Rules of the Court.
6
Ecuador ratified the Inter-American Convention on Forced Disappearance of Persons on July 27, 2006. This
treaty entered into force for the State on August 26, 2006, pursuant to its Article XX.
7
5