6
violations of Daniel Tibi’s rights. Nevertheless, on the positive side, it stressed the State’s
willingness to investigate and said that it was important “to have information on any actions
taken by the State to ensure the respective investigations, and whether the latter had
produced results that would allow it to be inferred that the Court’s requirements would be
satisfied within a reasonable time.” The Commission made a similar comment in its
observations of September 13, 2007. With regard to the decision issued by the Human
Rights Commission of the National Council of the Judicature, in its observations of December
29, 2008, the Inter-American Commission “assessed the issues raised by that commission
concerning the application and interpretation of the judgment of the Inter-American Court
and the progress that this represents.” However, it “consider[ed] it necessary to have
detailed information on [the] investigations that had been conducted or that are being
conduced in relation to the obligation to identify and investigate the responsibility of all the
persons who could have taken part in the facts of the case.”
10.
That, based on the observations of the representatives and the Commission, as well
as on the information provided by the State, the Court noted the investigation that
concluded with the disciplinary sanction imposed on the First Criminal Judge of Guayas.
However, although the Court appreciates the measures that the State has taken to comply
with the tenth operative paragraph of the judgment, it also observes that the investigation
into the facts of the instant case is still pending. Consequently, the Court finds it necessary
that the State present updated information on the actions or procedures that it has
implemented in order to identify, prosecute and, if applicable, punish those responsible for
the violations committed against Daniel Tibi.
*
*
*
11.
That, regarding the eleventh operative paragraph of the judgment (supra Having
Seen paragraph 1), in relation to the publication of the Proven Facts and the operative
paragraphs of the judgment in a newspaper with widespread circulation in France, in a
communication of April 9, 2007, the State reported that it would “continue making
arrangements with the Ministry of Foreign Affairs to comply with the pending publication of
the proven facts, operative paragraphs and public apology in a [French] newspaper with
widespread circulation in the place where Mr. Tibi resides.” In addition, regarding the
eleventh point of the judgment (supra Having Seen paragraph 1), concerning the translation
and publication of the acknowledgement of responsibility and apology in one newspaper in
Ecuador and one in France, in the communication of March 7, 2007, the State indicated that
this “had been complied with […] by a publication in the “El Comercio” newspaper on
February 26, 2006.” However, on January 17, 2008, the State indicated that the cost of the
publications in France requested by the Court was extremely high; it therefore requested
the collaboration of the representatives to implement the operative paragraph in question.
In a communication of May 22, 2008, the State indicated that it “considered that the
proposal made by the representatives of the victim to publish in France only the text of the
public apology was appropriate.” On September 9, 2008, the State reported that, on August
13, 2008, it had asked “the Ministry of Foreign Affairs to ensure translation of the
communication with the public apology to be published in a French newspaper and to assess
the cost.”
12.
That, with regard to the eleventh operative paragraph of the judgment, in a
communication of April 12, 2007, the representatives stated that the extracts on proven
facts and the operative paragraphs of the judgment had not been published in a French
newspaper. However, regarding the twelfth point of the judgment, the representatives
expressed their satisfaction on the publication of the apology and the acknowledgement of