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

Select target paragraph3