4
Association of Private Banks which indicates that on two occasions “the Associates were
notified” of the request to inform all member entities of the Judgment issued by this Court
in the instant case.8 Likewise, it submitted a brief from the Superintendence of Banks
whereby that institution “ordered the distribution of [the Court Judgment] to the financial
institutions so that they would eliminate from their records all reference to Mr. Chaparro
and Mr. Lapo as authors or suspects of a crime as a consequence of the ‘Operación
Antinarcótica Rivera’ (Rivera Anti-narcotics Operation), and to note that they were
processed by the State in violation of their human rights, and released of all responsibility
by the national judicial authorities themselves.” 9
12.
That the representatives indicated that “the only communication that [the State] has
sent to a private institution was to the Private Bank Association, but that they consider this
measure insufficient, therefore during the following days they will submit to the State a list
of private institutions to whom the victims wish the communications to be delivered.”
Subsequently, in the last report from March 25, 2009, they indicated that they are “waiting
for the [State] to demand of the different private institutions identified by the victim to
eliminate all records where Mr. Chaparro appears as accused of a crime.”
13.
That the Commission indicated that it was awaiting the information from the State
regarding “other effective measures for compliance with the obligation to eliminate the
criminal records of the victims from the records of private entities.”
14.
That the Court recognizes that the State has performed advances regarding
compliance with this obligation and that both the Association of Private Banks and the
Superintendence of Banks have communicated to the institutions in the financial system the
decision of this Court.
15.
That the representatives have not informed the Court which are the other private
institutions to which the State must request elimination of any reference to Mr. Chaparro
and Mr. Lapo as accused of a crime.
16.
That following the foregoing explanation, the Court declares that the State has
partially complied with operative paragraph nine, and orders that the representatives must
communicate to the Court, within the term established in the operative paragraphs of the
present Order, which are the other private institutions which they refer to. Additionally, the
State must inform, within the term established in the operative paragraphs of this Order,
which are the additional measures that it has taken to comply with this operative
paragraph.
*
*
*
17.
That the order of the Court to publicize the Judgment issued in the instant case, in
conformity with operative paragraph ten of that Judgment, entails four obligations of the
State, namely: a) publish the parts pertinent to the Judgment in the Official Gazette; b)
publish the parts pertinent to the Judgment in another newspaper of ample national
circulation; c) disseminate the Judgment by radio and television, and d) perform a
publication which specifically shows the information ordered by the Court in paragraph 263
of the Judgment.
8
Communication PE-058-2008 issued by the Executive President of the Association of Private Banks of
Ecuador on January 31, 2008 (file on monitoring compliance, Vol. I, folio 200).
9
Official letter No. SBS-INJ-2008-0155, supra note 6 (file on monitoring compliance, Vol. I, folio 204).