11
Credit that this obligation is to be discharged within 90 days from the date on which this
document is signed.
2.
The compensation in question is independent of the compensation awarded by
the National Congress under Decree No. 29, published in the Official Gazette No. 993 of
July 22, 1996, and which Mr. And Ms. Benavides-Cevallo declined.
3.
Nor does it include any compensation that the parents of Consuelo Benavides
are entitled to claim from those responsible for her unlawful and arbitrary arrest, torture
and murder, and who were convicted under Articles 52 and 67 of the Ecuadorian Penal
Code.
4.
The Ecuadorian State pledges to continue and conclude the judicial proceedings
that were suspended when the suspects in the crime committed against Professor
Benavides escaped; to take the judicial action that the law prescribes against persons
who, although responsible for related crimes, were never punished. It will, either
directly or through the competent authorities, exhaust every effort and measure required
under domestic law so that the crime committed against Professor Benavides does not
go unpunished.
5.
The Ecuadorian State, through the Office of the State Attorney will instruct the
Ministry of Education and Culture and the municipalities in the country, in exercise of
their legal authorities, to memorialize the name of Ms. Consuelo Benavides Cevallos on
streets, squares or schools, as her parents requested.
49.
Article 53 of the Rules of Procedure stipulates that:
When the parties to a case before the Court inform it of the existence of a friendly
settlement, compromise, or any other occurrence likely to lead to a settlement of the
dispute, the Court may, in that case and after hearing the representatives of the victims
or their next of kin, decide to discontinue the hearing and strike the case from its list.
50.
Pursuant to that provision, the Court requested the Inter-American
Commission and the representative of the victim’s next of kin to appear before the
Court to present their observations during this second public hearing held on June
11, 1998 (supra 33.)
51.
At that hearing, the delegate for the Commission stated that:
Under the rules currently applicable in the preliminary and merit phases of a contentious
case, the Commission acts as the moving party and represents the original petitioners.
It is in this capacity that the Commission, having requested and taken into account the
views of the petitioners, presents its analysis and observations before the Court today
with respect to the proposed settlement, obviously, as enlarged by the power of
attorney, which has been conceded today. Furthermore, as is clear from the case file
and the presentation of the case before the Honorable Court, the parents of the victims
were not the sole original petitioners before the Commission. As is clear from the
Commission’s application, the sister of the victim, Dr. Nelly Benavides, acted as a
petitioner. Given that she, with other family members, engaged in the search for justice
at the domestic level, and that she acted as the private accuser in certain stages of the
domestic criminal proceedings, her right to justice has been directly at issue in the case
presented by the Commission.
The Commission considers it essential to indicate its understanding that the commitment
of the State of Ecuador to sanction any other person who committed an offense in
relation to the case of the murder of Consuelo Benavides refers to its duty to investigate
and sanction all of those responsible for violations at issue in the present case, including
persons responsible for the denial of justice. Consistent with the doctrine in our system
the scope of this duty incorporates the range of measures at the disposal of the State,