5
Messrs. Wilmer Zambrano Vélez, Segundo Olmedo Caicedo Cobeña and José Miguel
Caicedo Cobeña were extrajudicially executed on March 6, 1993, by State agents
through the illegal use of lethal force as part of a military and police security
operation with undefined objectives (“capturing criminals, drug dealers, and
terrorists”), and a suspension of legal guarantees without clear limits. The situation
provided for in the Judgment still persists, since the State continues to fail to provide
a satisfactory and convincing explanation regarding the use of lethal force, hence
breaching the obligation to ensure an investigation into what occurred was carried
out.4
10.
Regarding the alleged declaration of the prescriptive period of the criminal
prosecution, the Court reminds that the Judgment clearly stated that the State
“cannot invoke any domestic law or disposition to relieve itself from the order of the
Court to investigate, and when applicable, criminally sanction, those responsible for
the execution of Wilmer Zambrano Vélez, José Miguel Caicedo Cobeña and Segundo
Olmedo Caicedo Cobeña.”5
11.
This Tribunal deems it essential that the State continue to submit updated,
detailed, and complete information regarding the progress of the judicial
investigation, if the aforementioned prescriptive period decision were revoked, as
well as the complementary investigations that have been opened. The State shall, in
particular, report on the legal mechanisms which enable the next of kin of the
victims to have access to and participation in the criminal procedures, since the next
of kin’s right to be informed regarding the course of the investigation and the
decisions adopted, to be heard, and to submit evidence must be guaranteed.
b)
Payment of moratorium interest
12.
According to that set forth in the Order of September 21, 2009 (supra Having
Seen 2), although the State has paid the economic reparations set in the Judgment
of July 4, 2007, in full, the payment of moratorium interest from October 2008 was
pending.
13.
The State reported that on April 1, 2010, a “Mutual agreement concerning the
payment of moratorium interest in the case of Zambrano Vélez and others [v.]
Ecuador” was signed, through which the victims agreed and accepted the total
amount that the State should pay. Likewise, it informed that “in order to calculate
the payment, the State’s 31 day delay in paying compensation was taken into
account, as well as the current moratorium interest rate of 9.19%, in line with the
official Central Bank rates, calculated on the amounts awarded by the State of
Ecuador to [the victims]. The amount awarded on September 1, 2008, was a total of
$ 804.000,00. Therefore, “it was concluded that the total value to be paid [was] $
6.362,54 (six thousand three hundred and sixty two dollars and fifty four cents of
the United States of America).” Therefore, the State informed that, according to
paragraph 136 of the Judgment, “50% of the compensation awarded was distributed
equally between the victim’s children, and the remaining 50% was distributed
equally between whomever was the victim’s partner at the time of his or her death.”
Likewise, the State informed that each of the sons and daughters of the victims
4
Case of Zambrano Vélez and others v. Ecuador. Merits, Reparations and Costs. Judgment of July 4,
2007. Series C No. 166, par. 94, 101 and 110.
5
Case of Zambrano Vélez and others v. Ecuador, supra note 4, para. 148.