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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