6
13.
That pursuant to recent jurisprudence of the Tribunal, payment of the
compensations ordered in favor of minors may be deposited by the State in a national
solvent financial institution under the name of the minor.8
14.
That due to the long period of time that has gone by without the girl Micaela
Suárez Ramadán receiving the corresponding compensation (supra Having Seen
paragraph 2), the discrepancies between the State and the representative, and taking
into account the jurisprudence of this Tribunal (supra Considering Clause number 13),
the Court considers it appropriate to authorize the State to deposit, as soon as
possible, the amount that corresponds to the girl, plus the respective interests, in a
solvent national financial institution, to the minor’s name, in the most favorable
financial conditions allowed by the banking legislation and practices. Said amount may
be withdrawn by her when she becomes of legal age or before that, if it is in the child’s
best interest, to be determined by a competent judicial authority.
*
*
*
15.
That regarding the investigation and punishment of those responsible the State
informed that: a) on November 6, 2003 the Fifth Criminal Judge of Pichincha issued a
provisional discontinuance of the process and stated that “for the time being the
assertion of the case could not be continued;” b) on March 10, 2004 the Second
Criminal Chamber of the Superior Court of Quito confirmed the decision of the lower
court, issuing a provisional discontinuance of the proceedings “as those responsible for
the crimes committed” against Mr. Suárez Rosero “had not been individually
identified;” c) the Attorney General of the State presented a legal report, seeking to
revoke said court order and reopen the preliminary criminal proceedings for having
omitted the realization of essential procedural steps towards discovery of the authors
of the violations in detriment to the victim; d) the victim has not collaborated with the
investigations, and e) the judicial proceedings will be restarted once the judge can
have more evidence that leads to the identification of the authors of said violations.
16.
That the representatives indicated that: a) the State has not taken any measure
of a civil, administrative, or criminal nature to comply with that stated by the InterAmerican Court; b) the victim’s intervention is not necessary for the Public
Prosecutors’ Office to investigate the facts, since the State must ex officio start the
investigations; c) in the criminal proceedings there is a list of the names of the officials
and agents that should have been punished, which was provided by Mr. Suárez
Rosero; d) the judicial decision to declare the provisional discontinuance is a behavior
tending towards impunity, shown by the fact that some of the alleged responsible
parties continue as active members of the National Police or other judicial bodies, and
e) the Judge of First Instance himself acknowledged that the National Police has
abstained from sending the list of officials that participated in the arrest and
investigation of the victim.
17.
That the Commission held that since the provisional discontinuance of the
criminal proceedings, the State has not adopted specific measures to ensure that
justice be made, or to clarify, judicially and administratively, the facts and the
responsible parties for the violations against the human rights of Mr. Suárez Rosero.
8
Cfr. Case of the “Panel Blanca“ (Paniagua Morales et al.). Judgment of May 25, 2001. Series C No.
76, para. 223; Case of Servellón García. Judgment of September 21, 2006. Series C No. 152, para. 208;
and, Case of the Ituango Massacres, Judgment of July 1, 2006. Series C No. 148, para. 422.