REPORT Nº 9/04 PETITION 4409/02 ADMISSIBILITY WALTER HUACON BAIDAL Y MERCEDES SALAZAR CUEVA ECUADOR February 26, 2004 I. SUMMARY 1. On October 28, 2002, the Inter-American Commission on Human Rights (hereinafter “the Commission”) received a complaint filed by Dr. Jose Ricardo Villagran on behalf of the relatives of the purported victims, Walter Gonzalo Huacón Bidal and Mercedes Eugenia Salazar Cueva (hereinafter “the petitioners”) against the Republic of Ecuador (hereinafter “the State” or “Ecuador”), for the alleged police killing of the two victims and for the failure of the domestic judicial system to investigate, try and punish the individuals responsible and for the failure to provide reparations for the families of the victims for their loss. The petitioners claim violations of Articles 4 (right to life), 8 (fair trial) and 25 (access to a simple and prompt judicial recourse) of the American Convention on Human Rights (hereinafter, “the American Convention”), in breach of the international obligations of the State under the treaty, set forth in Article 1(1) thereof. The State requested that the Commission declare the petition inadmissible and proceed to archive it for failure to exhaust domestic remedies. 2. In this report, the Commission analyzes the information available in terms of the American Convention and concludes that Petition 4409/02 meets the admissibility requirements set forth in Article 46 of the American Convention. Consequently, the Commission decides to declare this case admissible, to notify the parties of the decision, and to continue with the analysis of the merits of the case with respect to the alleged violations of Articles 4, 8, 25 and 1(1) of the American Convention. At the same time, it decides to publish this report. II. PROCESSING BY THE COMMISSION 3. The petition was received on October 28, 2002. On December 16, 2002 additional information was received from the petitioner. On April 9, 2003, the Commission began processing this petition as No. 4409/02 and forwarded the relevant parts to the Ecuadorian State, with a request that a response be presented within 60 days. 4. On June 19, 2003 the Commission received the reply of the State, dated June 17, 2003. On July 18, 2003 the Commission transmitted the pertinent parts of the State’s reply to the petitioners and requested any further observations to be presented within one month from the date of this communication. 5. On July 28, 2003 the petitioners presented observations on the State’s reply. These observations were transmitted to the State on January 21, 2004. No further information or observations have been received from either of the parties. III. A. POSITIONS OF THE PARTIES REGARDING ADMISSIBILITY Position of the petitioners 6. In Guayaquil, Ecuador, on Monday, March 31, 1997, a group of people gathered at the home of Walter Huacón Baidal and Mery Chancay de Huacón to celebrate. Walter and Wilson Huacón were brothers. Wilson had a headache and 1

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