B.
Obligation to investigate the facts and to identify, prosecute and punish, as
appropriate, those responsible
1. Request for investigations and the determination of administrative and
criminal responsibilities
166. Both the Commission and the representative asked the Court to order the State to
adopt the necessary measures to conduct an effective investigation into the facts of this
case, and to sanction, within a reasonable time, the agents of justice whose conduct
resulted in the excessive delay in the processing of the criminal proceedings and the
consequent lack of access to justice for the victims.
167. In addition, the representative indicated that the Court should “require the
Ecuadorian State to comply with the obligations imposed by Articles 8 and 25 of the
Convention, by proceeding to conduct an exhaustive investigation and a prompt and
impartial trial of all the persons who participated as masterminds and perpetrators, as well
as accessories after the fact.”
168. For its part, the State indicated that “if the Court should find [it] guilty of the
presumed violation of the rights of Melba del Carmen Suárez Peralta, it would be pertinent to
impose on the State the obligation to clarify the facts that occurred, but not for the Court to
establish the sanction of those responsible as a measure of reparation, because the criteria
that allow the principle of legal certainty offered by prescription to be breached are not met.”
Regarding the agent of justice who processed the proceedings in the criminal jurisdiction, the
State advised that he had been removed from his functions as a judge.
169. The Court observes that, in the Compliance Agreement signed by the State and Mrs.
Suárez Peralta, the State undertook “[t]o inform the Prosecutor General’s Office of the facts
and the Merits Report so that it would proceed with the investigation and the respective
criminal sanction of the agents of justice owing to [their] conduct [and] to inform the
Council of the Judicature of the facts and the Merits Report so that it could conduct an
investigation and establish administrative sanctions.”
170. In Chapter VIII of this Judgment, the Court declared that the State had violated the
rights established in Articles 8(1) and 25(1) of the Convention, because the State
authorities failed to act with due diligence and based on their obligations concerning the
duty to investigate and to exercise effective judicial protection. In addition, it indicated that
the criminal proceedings had exceeded a reasonable time.
171. Consequently, the Court will refer to the following matters: (a) the administrative
and disciplinary investigations, and (b) the criminal proceedings.
a) The administrative and disciplinary investigations
172. In previous cases, when referring to certain violations, the Court has decided that
the State must initiate disciplinary, administrative or criminal actions, as appropriate, under
domestic law, in relation to those responsible for the different investigative and procedural
irregularities. 224 In this case, it has been proved that, despite Mrs. Peralta Mendoza’s
224
Cf. Case of the Las Dos Erres Massacre, supra, para. 233, and Case of the Massacres of El Mozote and
nearby places v. El Salvador. Merits, reparations and costs. Judgment of October 25, 2012 Series C No. 252, para.
325.
49
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