12 including, among other things, penal sanctions and administrative penalties. With respect to the question of timing of the execution of the proposed settlement, the Commission would find it very helpful if the Court would ask the State when it will make payment as per the terms of the agreement. The proposal having been studied, and the foregoing observations having been made, the Commission considers that the terms of the proposal, which include the recognition of State responsibility for the violations at issue, and the commitment to investigate, prosecute, and punish the individuals responsible for the violations who have yet to be brought to justice, in conformity with internal law, as well as the commitment to offer just compensation to the victim’s family, offer a resolution of the case which is, on balance, fundamentally just and based on respect for the human rights recognized in the American Convention.5 The Commission also urged the State to ratify the Inter-American Convention on Forced Disappearance of Persons and to incorporate it into its domestic legal system. It asked the Court to continue to maintain jurisdiction over the matter until such time as the Commission certified that the State had substantially complied with the commitments undertaken. Finally, the Commission acknowledged the good faith demonstrated by the Ecuadorian State in presenting the friendly settlement proposal during this phase of the contentious proceedings, which was the result of the relentless search for justice conducted by members of the victim’s family. 52. Concerning the pleading to the Ecuadorian State to ratify the Inter-American Convention on Forced Disappearance of Persons, the agent of the State observed that: in keeping with the spirit demonstrated by the State in accepting its responsibilities and the course that the appropriate authorities want to take toward a policy of full respect, preservation, protection and promotion of human rights, […] the State or the pertinent bodies will welcome the recommendation and endeavor to make the Ecuadorian State a party to this Convention, if it is not already, as that will also […] build up the legal framework needed to prevent these painful cases of forced disappearances from recurring in the region. 53. As for the date set for payment of reparations, the agent of the State indicated that it had "the best intention, the best disposition, to make that payment as soon as possible", and requested that "sufficient time, if possible six months, be allowed for the State to make payment of so large an amount, but with every assurance that the payment will be made almost immediately…" 54. Finally, concerning the duty to investigate and punish those responsible for the violations to which the instant case refers, Ecuador acknowledged that … it has the obligation to use every means within its reach, both domestic and international, under existing conventions, to see that individuals serve out their sentences; … [it also notes] the insistence that the other guilty parties who had a hand in related crimes be punished, which will be conveyed to the appropriate authorities. 55. Taking into account the statements made by the State, by the Commission and by the victim’s next of kin present for the public hearings, the Court considers 5 In English in the original

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