3
treaties (i.e. those dealing with provisions on protected rights) but also in connection with
procedural rules, such as the ones concerning compliance with the decisions of the Court.
Such obligations are intended to be interpreted and enforced in a manner such that the
protected guarantee is truly practical and effective, taking into account the special nature of
human rights treaties.4
*
*
*
7.
That regarding the duty to eliminate forthwith the names of Mr. Juan Carlos
Chaparro Álvarez and Mr. Freddy Hernán Lapo Íñiguez (hereinafter “Mr. Chaparro”, “Mr.
Lapo” or “the victims”, as appropriate) from the public records in which they still appear
with a criminal record, especially the records of the National Police, Superintendence of
Banks, and INTERPOL (operative paragraph eight of the Judgment), the State submitted a
brief from the National Directorate of the Judicial Police which certifies that Mr. Chaparro
and Mr. Lapo “no longer have active the personal criminal records registered on November
14, 1997 for illicit trafficking.”5 Additionally, it indicated that “the National INTERPOL Central
Office, in general, and the Chief Narcotics Officer and INTERPOL Guayas specifically, share
information from the Central Archive records with the Judicial Police, body which issues the
‘criminal record certificate[s]’ known as police records in which the names of Mr. Chaparro
and Mr. Lapo […] no longer appear.” Likewise, it reported that Mr. Lapo and Mr. Chaparro
received their criminal record certificates on January and November 2007, respectively.
Finally, it submitted a brief from the Superintendence of Banks and Insurance, which
specifies that that body “does not receive or disclose to the public” information related to
criminal records.6
8.
That the representatives informed that having seen the reports from the Judicial
Police, INTERPOL, and CONSEP, which were provided to them by the “Subsecretaría de
Derechos Humanos y Coordinación de la Defensoría” “manif[est] their conformity with the
measures taken by the State.” 7
9.
That the Commission assessed the measures taken by the State.
10.
That the Court considers, in conformity with the evidence provided, and taking into
account the reports by the parties, that the State has fully complied with operative
paragraph eight of the Judgment.
*
*
*
11.
That regarding the State’s duty to immediately inform the corresponding private
institutions that they must delete from their records all reference to Mr. Chaparro and Mr.
Lapo as authors or suspects of the criminal act of which they were accused in this case
(operative paragraph nine of the Judgment), the State submitted a communication from the
4
Cf. Case of Ivcher Bronstein. Competence. Judgment of September 24, 1999. Series C No. 54, para. 37;
Case of Baldeón García v. Perú, supra note 1, Considering clause six, and Case of the Mayagna (Sumo) Awas Tingni
Community v. Nicaragua, supra note 1, Considering clause six.
5
Official letter No. 2008-455-DNPJel issued by the National Police of Ecuador, National Directorate of the
Judicial Police and Investigations, on February 1, 2008 (file on monitoring compliance, Vol. I, folio 201).
6
Official letter No. SBS-INJ-2008-0155 issued by the Superintendence of Banks and Insurance on February
12, 2008 (file on monitoring compliance, Vol. I, folio 203).
7
Official letter No. 3427/OCNI/08 issued by the National Police of Ecuador, National Directorate of the
Judicial Police and Investigations, National INTERPOL Central Office, on December 16, 2008, and Official letter No.
2009-367-DNPJel issued by the National Police of Ecuador, National Directorate of the Judicial Police and
Investigations, on January 5, 2009.