OF NOVEMBER 27, 2003
The judgment in Benavides Cevallos v. Ecuador delivered by the InterAmerican Court of Human Rights (hereinafter “the Court” or “the Inter-American
Court”) on June 19, 1998, in which it considered that:
[…] to determine reparations, the Court took cognizance of the pertinent aspects of the
February 20, 1998 agreement. In the document in question, the State made the
following commitments and the following statements:
1.In accordance with Articles 1045 and 1052 of the Civil Code, a lump-sum
compensation of US$1,000,000.00 (one million United States dollars) or its equivalent in
national currency shall be delivered to Luis Darío Benavides Enríquez and Sofía Rosa
María Cevallos, the parents of Consuelo Benavides Cevallos and, in the absence of
spouse and children, her sole heirs. Although there are no conditions to this payment,
they have offered to invest the bulk of it in a manner that memorializes the deceased’s
This compensation covers expenses and fees, lost income, and moral damages; it shall
be paid to Mr. and Mrs. Benavides Cevallos, in accordance with domestic law, against the
State’s general budget; the Procurator shall notify the Ministry of Finance and Public
Credit that this obligation is to be discharged within 90 days from the day on which this
document is signed.
The compensation in question is independent of the compensation awarded by
the National Congress under Decree No. 29, published in the Official Gazette No. 993 of
July 22, 1996, and which Mr. and Mrs. Benavides declined.
Nor does it include any compensation that the parents of Consuelo Benavides
are entitled to claim from those responsible for her unlawful and arbitrary arrest, torture
and murder, and who were convicted under Articles 52 and 67 of the Ecuadorian Penal
The Ecuadorian State pledges to continue and conclude the judicial proceedings
that were suspended when the suspects in the crime committed against Professor
Benavides escaped; to take the judicial action that the law prescribes against persons
who, although responsible for related crimes, were never punished. It will, either
directly or through the competent authorities, exhaust every effort and measure required
under domestic law so that the crime committed against Professor Benavides does not
go unpunished.
The Ecuadorian State, through the Office of the State Attorney will instruct the
Ministry of Education and Culture and the municipalities in the country, in exercise of
their legal authorities, to memorialize the name of Ms. Consuelo Benavides Cevallos on
streets, squares or schools, as her parents requested.

Likewise, in the operative paragraphs of this judgment the Court:


Judge Hernán Salgado Pesantes advised the Court that, owing to circumstances beyond his
control, he would be unable to take part in the deliberation and signature of this Order.

Select target paragraph3