Ecuador a first extension of three months to report on compliance with the
recommendations. However, in its report, the State did not provide updated and
detailed information on its compliance with all the recommendations.
4.
Submission to the Court. On July 25, 2019, the Commission 3 submitted to the
Court all the facts and human rights violations described in the Merits Report, given
“the need to obtain justice in this case.”
5.
Requests of the Commission. Based on the foregoing, the Inter-American
Commission asked the Court to find and declare the international responsibility of the
State for the violations contained in its Merits Report and to require Ecuador, as
measures of reparation, to execute the measures included in said report. This Court
notes, with concern, that between the presentation of the initial petition before the
Commission and the submission of the case before the Court more than eighteen years
have elapsed.
II
PROCEEDINGS BEFORE THE COURT
6.
Notification to the State and the representative. The submission of the case was
notified to the State on September 19, 2019,4 and to the representative of the alleged
victim on September 20, 20195.
7.
Untimely submission of the brief with pleadings, motions and evidence. On
December 3, 2019,6 the alleged victim’s representative submitted, extemporaneously,
his brief of pleadings, motions and evidence (hereinafter “pleadings and motions brief”).
Consequently, on February 6, 2020, following the instructions of the full Court, the said
brief, together with its annexes, was deemed inadmissible.
8.
Answering brief and preliminary objection. On June 8, 2020,7 the State
presented its brief in response to the submission of the case by the Commission
(hereinafter “answering brief”). In that brief, it filed a preliminary objection and made
a partial acknowledgement “of the facts and claims related to the administrative
disciplinary process.”
9.
Observations on the preliminary objection and the partial acknowledgement. On
July 31, and August 3, 2020, the Commission and the representative, respectively,
submitted observations to the State’s preliminary objection, requesting that it be
dismissed, and to its partial acknowledgment of responsibility.
10.
Final written procedure. After evaluating the Merits Report and the State’s
response, and in light of the provisions of Articles 15, 45 and 50(1) of the Rules of the
3
The Commission appointed Commissioner Esmeralda Arosemena de Troitiño and then Executive
Secretary Paulo Abrão as its delegates before the Court, and Erick Acuña Pereda as its legal adviser.
4
On October 8, 2019, the State appointed María Fernanda Álvarez Alcivar as agent, and Carlos Alonso
Espín Arias and Juan Carlos Álvarez León as deputy agents.
5
The representative of the alleged victim is Mr. Francisco López-Bermúdez.
6
On November 21, 2019, the representative requested an extension for the submission of the
pleadings and motions brief owing to the situation in Ecuador. That same day, following the instructions of
the President and in consultation with the full Court, an extension was granted to present the aforementioned
brief on December 2, 2019.
7
It should be noted that on March 17, 2020, by means of Decision 1/20, the Court decided to suspend,
up to and including April 21, 2020, the computation of the procedural deadlines established, owing to the
effects of the COVID-19 pandemic, a public and well known situation. On April 16, 2020, through Decision
2/20 of this Court, the suspension was extended up to and including May 20, 2020.
4