19
and that it doesn’t have a problem admitting this. Moreover, the State explained
that it is not possible, at this time, to do more than that, because the appeal of the
conviction of Mr. Suárez Rosero has not been decided. However, if that appeal were
favorable, it would not have a problem and in fact, it would have an obligation “to
make an admission or an apology.”
72.
With respect to the request that the State make an apology, the Court deems
that the judgment on the merits in the present case constitutes, in itself, a
significant and important form of reparation and moral satisfaction for Mr. Suárez
Rosero and his relatives.
*
*
*
73.
During the public hearing, Mr.Suárez Rosero stated that , as a result of the
proceedings to which he was subjected, which still continues before the Ecuadorian
court, he has been assessed a fine of S/.220,000,000.00 (two hundred twenty
million sucres) and that the National Council on Narcotic Drugs and Psychotropic
Substances has his name on a list of persons involved in the trafficking of drugs,
which bars him from undertaking certain transactions, such as buying dollars of the
United States of America.
74.
For its part, the Commission requested that the Court order that the State
“take effective measures to guarantee the expeditious and final processing of the
motions still pending in the case before the courts of the domestic jurisdiction.
75.
During the public hearing, the State argued that the appeal interposed by Mr.
Suárez Rosero was still being processed by the Ecuadorian courts and stated that it
was not possible for Ecuador to take any measure in this case until the domestic
tribunals had decided the appeal.
76.
In its Judgment of November 12, 1997, the Court declared that in the
proceedings against Mr. Suárez Rosero there were violations of Articles 7, 8, and 25
of the American Convention, in relation to Article 1(1) of the same (first, second, and
fourth operative paragraphs of that Judgment). In accordance with Article 63(1) of
the Convention, the Court holds that the State has the duty to repair the
consequences of these violations, in that it shall not collect the fine imposed on Mr.
Suárez Rosero and not list his name, for this cause of action, in the Register of
Criminal Records, or in the Register maintained by the National Council on Narcotic
Drugs and Psychotropic Substances.
XI
THE DUTY TO TAKE DOMESTIC MEASURES
77.
Mr. Suárez Rosero and the Commission requested that the Court order the
State to investigate the facts and punish those responsible for the violated
committed against Mr. Suárez Rosero.
78.
The State did not make reference to this issue.
79.
In this regard, the Court deems that it has already declared this duty of the
State in its judgment on the merits. (Suárez Rosero Case, Judgment of November
12, 1997, Series C. No. 35, operative paragraph six) This obligation is incumbent