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 Said amount may be withdrawn by her when she becomes of legal age or before that, if it is in the child’s best interest, to be determined by a competent judicial authority.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.

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