10
violations of the rights of Ms. Benavides Cevallos that are protected under Articles 3
(Right to Juridical Personality), 4 (Right to Life), 5 (Right to Humane Treatment), 7
(Right to Personal Liberty), 8 (Right to a Fair Trial) and 25 (Right to Judicial
Protection), all in relation to Article 1(1) (Obligation to Respect Rights) of the
American Convention.
VI
APPLICATION OF ARTICLE 63(1)
44.
Article 63(1) of the American Convention provides that:
If the Court finds that there has been a violation of a right or freedom protected by this
Convention, the Court shall rule that the injured party be ensured the enjoyment of his
right or freedom that was violated.
It should also rule, if appropriate, that the
consequences of the measure or situation that constituted the breach of such right or
freedom be remedied and that fair compensation be paid to the injured party.
45.
In its application, the Commission requested that the Court order the State to
adopt:
a. the measures necessary to establish the individual responsibility for the
violations found, and to impose the corresponding sanctions on them, and
b. the measures necessary to remedy the violations established and make
reparations for their consequences, including an action to clear the name of
Ms. Benavides Cevallos, and payment of fair compensation to those who have
suffered as a consequence of those violations.
46.
It is obvious that in the instant case the Court cannot order that the violated
right or freedom be restored to the victim. On the other hand, reparations for the
consequences of the situation created by the violations of those rights are in order
(supra, para. 43.)
47.
Inasmuch as the State’s responsibility has been established (supra, para. 43),
the Court considers that Ecuador must continue the investigations to punish the
persons responsible for the human rights violations referred to in this judgment.
48.
To determine reparations, the Court took cognizance of the pertinent aspects
of the February 20, 1998 agreement. In the document in question, the State made
the following commitments and the following statements:
1.
In accordance with Articles 1045 and 1052 of the Civil Code, a lump-sum
compensation of US$1,000,000.00 (one million United States dollars) or its equivalent in
national currency shall be delivered to Mr. Luis Dario Benavides-Enriquez and Ms. Sofia
Rosa María-Cevallos, the parents of Consuelo Benavides-Cevallos and, in the absence of
spouse and children, her sole heirs. Although there are no conditions to this payment,
they have offered to invest the bulk of it in a manner that memorializes the deceased’s
name.
This compensation covers expenses and fees, lost income, and moral damages; it shall
be paid to Mr. And Ms. Benavides-Cevallos, in accordance with domestic law, against the
State’s general budget; the Procurator shall notify the Ministry of Finance and Public