C.3 Third information report
59. On August 22, 1994, the Second Lieutenant issued Information Report No. 1526-OIDP,
informing on the status of the investigations into the disappearance of Mr. Garzón Guzmán.
It stated that, because of Mr. Garzón Guzmán’s statements during his detention in 1989,
other active members of “Montoneras Patria Libre” were captured and, since the victim had
disappeared three months after having obtained his freedom, it is presumed that members
of that organization are linked to his disappearance. It stated that the investigations would
continue until the case is totally clarified and the whereabouts of Mr. Garzón Guzmán is
discovered.51
C.4 Judicial investigations
60. In September 2011, due to the work of the Truth Commission, a prior inquiry was begun
with respect to this case.52 In May 2013, the family members of Mr. Garzón Guzmán lodged
a complaint intended to shed light on what had occurred. Therefore, a new prior inquiry was
begun in July 2013. On January 2, 2014, a second inquiry was joined to that already begun. 53
According to the information provided by the State, as of April 2019, the process was at the
“ pre-procedural inquiry stage.”54
VIII
MERITS
61. The Court recalls that the State made a total recognition of international responsibility
in relation to the rights alleged to have been violated by the Inter-American Commission and
that the Court has decided to deliver a judgment on the merits of the present matter (supra
para. 26). Therefore, in view of the State’s recognition of responsibility and the Court’s
consistent case law, it will rule on the violations of the rights established in the Convention
and recognized by the State in this case and on the allegations referring to the violation of
Article 2 of the American Convention, in relation to Articles I and II of the Inter-American
Convention on Forced Disappearance of Persons, in the terms raised by the representative of
the victims. For that, the analysis of the merits will be divided into three main parts: (1) the
violation of the rights to the recognition of juridical personality, personal freedom, personal
integrity and life, in relation to the obligation to respect and guarantee the rights and the
mandates of Article I(a) of the Inter-American Convention on Forced Disappearance of
Persons; (2) the violation of the rights to judicial guarantees and to judicial protection in
Cf. Information Report No. 1526-0IDP, of August 22, 1994, sent to the Head of Criminal Investigations of
Pichincha (evidence file, folio 86).
51
Cf. Prosecutor General of the Republic, Report No. FGE-DCVDH-2018-086 of July 9, 2018 (evidence file,
folio 747) and communication No. 04530 of February 2, 2026, sent by the Prosecutor General of the Republic to the
Inter-American Commission on Human Rights (evidence file, folio 1443)
52
Cf. Ministry of Justice, Human Rights and Religion. Follow-up Report to the Merits Report No. 22/17. Case
11.587. César Gustavo Garzón Guzmán (evidence file, folio 791) and communication No. 04530 of February 2, 2016,
sent by the Office of the Prosecutor General of the Republic to the Inter-American Commission on Human Rights
(evidence file, folio 1443)
53
“The present case is at the pre-procedural inquiry stage, since its opening on October 28, 2011, in which
the parameters established in the domestic normative and the international instruments of the protection of human
rights have been complied with and the Protocols and Directives have been applied in the search and localization of
the disappeared persons, forced disappearances, sent by the Council of the Judicature and the Prosecutor General of
the Republic.” Cf. Communication No. FGE-GCVDH-2019-00916O of April 9, 2019, sent by the Prosecutor General of
the Republic to the National Director of Human Rights of the Office of the Prosecutor General of the Republic (evidence
file, folios 4438 to 4440).
54
15