REPORT No. 33/13 CASE 11.576 ADMISSIBILITY AND MERITS JOSÉ LUÍS GARCÍA IBARRA AND FAMILY ECUADOR July 10, 2013 I. SUMMARY 1. On November 8, 1994, the Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission,” “the Commission” or “the IACHR”) received a petition that the Comisión Ecuménica de Derechos Humanos [Ecumenical Human Rights Commission] (hereinafter “the petitioners”) filed against the Republic of Ecuador (hereinafter also “the Ecuadorian State,” “the State” or “Ecuador”) in which they alleged that the Republic of Ecuador was responsible for violation of various provisions of the American Convention on Human Rights (hereinafter also “the Convention” or “the American Convention”). According to the petitioners, José Luís García Ibarra was arbitrarily deprived of his life by a shot fired by a police officer. The petition also alleged irregularities and an unwarranted delay in the internal processing of the investigation. 2. The Commission registered the petition as case 11,576 and, on March 13, 1995, ordered that the case be opened for processing in accordance with the Regulations then in force. Accordingly, the petition was forwarded to the Ecuadorian State. On April 11 and August 20, 2003, the Commission informed the parties that, in application of Article 37(3) of its Rules of Procedure then in force, it had decided to defer its treatment of admissibility until the debate and decision on the merits. 3. Throughout the processing of the case, the Ecuadorian State argued that the case should be declared inadmissible on the grounds that it had already been prosecuted by the domestic courts, which had imposed the corresponding penalties while observing all the judicial guarantees. It pointed out that the Commission does not have the authority to act as a higher court or as a court of fourth instance, or to review verdicts delivered by domestic courts acting in accordance with due process. It also argued that the right to life was protected by a number of constitutional guarantees of rights and that in this particular case, a verdict and sentence were handed down after a serious and effective investigation was conducted, thereby demonstrating the existence of an adequate and effective remedy. 4. After examining the positions of the parties, the Inter-American Commission has concluded that the Ecuadoran State is responsible for violation of the right to life and the child’s right to special protection, established in articles 4 and 19 of the American Convention, read in conjunction with Article 1(1) thereof, to the detriment of José Luís García Ibarra. The Commission has also concluded that the Ecuadoran State is responsible for violation of the rights to humane treatment, judicial guarantees and judicial protection, established in articles 5, 8 and 25 of the American Convention, read in conjunction with Article 1(1) thereof, to the detriment of his next of kin: Pura Vicenta Ibarra Ponce (mother), Alfonso Alfredo García Macias (father), and Luis Alfonso (brother), Santo Gonzalo (brother), Ana Lucía (sister), Lorena Monserrate (sister), Alfredo Vicente (brother) and Juan Carlos (brother), all surnamed García Ibarra. The Commission made the recommendations that these findings dictated.