The Commission submits the instant case to the jurisdiction of the InterAmerican Court due to the State’s failure to comply with the recommendations and the resulting need for justice to be assured in the case at hand. As shown in the merits report, the Ecuadorian State is responsible for failing to provide a real possibility to lodge a simple and prompt remedy to ensure the judicial protection required in the case. Thus, the two habeas corpus remedies lodged by Mr. Palma Mendoza’s family were ineffective in revealing his whereabouts, in that the filing of the remedy did not cause the competent authorities to carry out the minimal formalities necessary to immediately establish Mr. Palma’s location. In spite of the presence of several witnesses and the fact that the abduction was carried out in front of employees of a state agency (the Ecuadorian Professional Training Service), the State’s authorities merely issued orders that were both fruitless and ineffective in preventing Mr. Palma’s murder five days later. The IACHR believes that the right to an effective judicial remedy implies the correlating state obligation of conducting a serious search and of making every possible effort to determine, as promptly as it can, the whereabouts of people whose families report them as disappeared or abducted. At the same time, the IACHR notes that the obligation of investigating and punishing all acts that entail violations of the rights protected by the Convention requires the punishment not only of the physical perpetrators, but also of those who mastermind such crimes and serve as accessories after the fact. In this regard, the judicial authorities dismissed the charges against the suspected masterminds behind Mr. Palma’s abduction and murder on the grounds that some members of his family had dropped the charges and not because of the evidence, even though publicly actionable offenses were involved. The Commission believes that in analyzing this case, the Inter-American Court should pay particular attention to the widespread situation of failed due diligence and impunity as it affected the investigation of the facts in the case at hand, in light of its impact on the rights in question. In addition, the delay in the court proceedings represents a violation of the State’s duty to establish the facts and to prosecute and punish the persons responsible for the serious violations committed in accordance with the standards of timely justice and effective judicial protection. Pursuant to the above, the Commission requests the Court to conclude and declare the international responsibility of the State for the violation of the rights to humane treatment, to a fair trial, to judicial protection, and to life, enshrined in Articles 5, 8, and 25 in connection with Article 4 of the American Convention, all in connection with the failure to abide by Articles 1(1) and 2 thereof, with respect to Lidia Bravo Bravo, Luis Palma Bravo, Nelson Palma Mendoza, Rosalía Palma Bravo, Perfelita Mendoza Aguayo, Carlos Palma, Víctor Palma, and Pablo Palma Pico. Accordingly, the Commission requests the Inter-American Court to order the Ecuadorian State to take the following measures of reparation: 1. Conduct a complete, impartial, and effective investigation of the events reported in order to prosecute and punish all of the parties responsible, both materially and intellectually, for the violations of human rights committed to the detriment of Marco Bienvenido Palma Mendoza and his family members. 2. Adopt pertinent measures to make reparations to the family members of Mr. Marco Bienvenido Palma Mendoza, in both material and moral aspects. 3. Adopt the measures necessary to keep similar events from occurring in the future, according to the duty to prevent violations and the duty to guarantee the

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