57
and to determine the media in which it shall be published and its size. Also, the State
must ensure the participation of the victims or their representatives in planning the
dissemination of this judgment by radio and television (supra para. 262). If the parties
are unable to reach agreement on these points within three months of notification of this
judgment, the Court will settle the dispute.
265. The State must make the publications and the dissemination of the judgment by
radio and television indicated in the preceding paragraphs within six months of
notification of this judgment.
d)
Adaptation of domestic legislation to the parameters of the Convention
266. The Commission asked the Court to require the State to adopt “the necessary
domestic legal measures to adapt its laws […] to conform to the Convention.”
267.
During the public hearing, the State declared that it:
Requests the representative of the alleged victims to cooperate in the process of the review and
adaptation of Ecuadorean laws, specifically those regulating the criminal prosecution procedure
for cases involving drug-trafficking crimes, in order to adapt certain norms that could lead to
violations of the provisions of the Inter-American Convention on Human Rights.
268.
Bearing in mind what has been indicated concerning the Ecuadorean regulation of
the recourse of habeas corpus and the violation of Article 7(6) in relation to Article 2 of
the Convention (supra paras. 127 to 130) that has been declared, as well as the State’s
declaration during the public hearing that “it will make every effort, through the National
Constituent Assembly to be installed shortly, to adapt the constitutional guarantee of
habeas corpus to international standards, […] so that the judicial verification of whether
an arrest is in keeping with international conventions, the Constitution, and the law is no
longer entrusted to the senior municipal representative,” the Court deems it pertinent to
order the State to adapt its laws, within a reasonable time, to the parameters of the
Convention so that it is a judicial authority that decides on the remedies that those
detained may file, as established in Article 7(6) of the American Convention.
269. Furthermore, for the reasons set out in paragraphs 193 to 195 supra and based
on the declarations of the State included in paragraph 193 supra, the Court determines
that Ecuador must modify the Narcotic Drugs and Psychotropic Substances Act and the
corresponding regulations, so that it ceases to charge fees for the deposit and
management of property seized under this Act to those who have not been convicted in a
final judgment.
e)
Adoption of the necessary measures for the elimination de oficio of criminal
records
270. The Court considers that the State must adopt all the administrative and other
measures necessary to eliminate de oficio the criminal record of those persons who are
acquitted or whose cases are dismissed, taking into account that the proceedings should
not entail an additional prejudice or burden for an innocent person. In addition, within a
reasonable period, it must initiate the necessary actions to ensure that the relevant
legislative measures are adopted.
f)
271.
Other claims for reparation
The representative asked the Court to order that:
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents