the importance of the judgement in this case to ensure that similar acts are not
repeated in Ecuador and in the region; d) the context of persecution, harassment,
stigmatization, intimidation and disparagement suffered by the alleged victim and his
family, which caused them deep anguish, suffering and fear; e) that evidence obtained
through torture was used in the disciplinary process; f) the continued violation of human
rights, impunity and stigmatization resulting from a failure to abide by the ruling of the
then highest court for the defense and protection of human rights in Ecuador (Court of
Constitutional Guarantees), and g) the reparations proposed by the State are
incomplete and “do not fully honor the principle of good faith.”
30.
The Commission positively assessed the State’s partial acknowledgment of
responsibility. However, it stressed the importance of defining the factual basis for said
responsibility, in order to determine its scope. The Commission considered that the
determinations of fact and law and the measures of reparation related to the criminal
proceedings against Mr. Grijalva Bueno remain in dispute. Therefore, it considered that
the Court should make the corresponding determinations of all the facts, the legal
consequences thereof and the reparations, in accordance with the magnitude and
nature of the violations in this case. Finally, it asked the Court to determine the legal
effects of Ecuador’s partial acknowledgement of responsibility.
B.
Considerations of the Court
31.
Based on Articles 62 and 64 of the Rules, and in exercise of its international
powers for the protection of human rights, a matter of international public order, it is
incumbent upon this Court to ensure that acts of acknowledgement of responsibility are
acceptable for the purposes sought by the inter-American system.13 The Court will now
analyze the situation raised in this specific case.
32.
This Court recalls that the pleadings and motions brief was not admitted and
that the submission of observations regarding the State’s partial acquiescence did not
constitute an opportunity for the alleged victim’s representative to argue matters of
fact or law and, if applicable, reparations. Consequently, when assessing the scope of
State’s partial acquiescence, the Court will not consider those facts that are outside the
factual framework described by the Commission in its Merits Report, nor the legal
arguments and requests for reparations made by the representative.
B.1 Regarding the facts
33.
As is evident from the terms of its partial acquiescence, the State expressly
acknowledged the following facts: a) that the reports which were used to dismiss Mr.
Grijalva Bueno from the ranks of the armed forces involved a military agent who had
been denounced months earlier by the alleged victim for having committed serious
human rights violations; b) that other authorities who were denounced by Mr. Grijalva
Bueno for allegedly committing human rights violations and who formed part of the
Council of Senior Officers that ordered his dismissal, had a direct interest in the outcome
of the investigation, since they were involved in a dispute with the alleged victim, c)
that Mr. Grijalva Bueno did not have an opportunity to examine the evidence or
participate and defend himself in the disciplinary procedure that ended with his
discharge; d) that no grounds were provided for the decision to dismiss him or an
Cf. Case of Kimel v. Argentina. Merits, reparations and costs. Judgment of May 2, 2008. Series C
No. 177, para. 24, and Case of Almeida v. Argentina. Merits, reparations and costs. Judgment of November 17,
2020. Series C No. 416, para. 18.
13
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