REPORT No. 8/11 PETITION 302-03 ADMISSIBILITY ANIBAL ALONSO AGUAS ACOSTA AND FAMILY ECUADOR March 22, 2011 I. SUMMARY 1. On April 23, 2003, the Inter-American Commission on Human Rights (hereinafter “the Commission” or the “IACHR”) received a petition lodged by the Ecumenical Commission on Human Rights [Comisión Ecuménica de Derechos Humanos- CEDHU] (hereinafter “the petitioners”), in which it alleges that agents of the Republic of Ecuador (hereinafter “the State” or “the Ecuadorian State”) are responsible for the torture and death of Aníbal Alonso Aguas Acosta (hereinafter “the alleged victim”), presumably perpetrated by State agents on March 1, 1993 in the city of Machala, and for failure to ensure a fair trial and judicial protection in the investigation, prosecution, and punishment of the responsible parties. 2. The petitioners allege that the State is responsible for violation of the rights to life, humane treatment, a fair trial, and judicial protection, established in Articles 4, 5, 8, and 25 of the American Convention on Human Rights (hereinafter “the American Convention”), all considered in relation to the general obligation to respect and guarantee the rights contained in its Article 1(1). They argue that the petition is admissible by virtue of the exception to exhaustion of domestic remedies stipulated in Article 46.2(b) and (c) of the American Convention, based on the fact that the criminal proceedings were in the police jurisdiction and on the unjustified delay in the proceedings and in executing the judgment of conviction issued by the National Police Court. 3. The State, for its part, alleges that the petition is inadmissible on the grounds that the facts do not establish possible violations of the American Convention, in accordance with its Article 47(b), since the national courts issued a judgment and reparations for the alleged violation were provided by the domestic courts. It further contends that the Commission cannot act as a fourth instance. 4. After examining the position of the parties in light of the admissibility requirements stipulated in Articles 46 and 47 of the American Convention, the Commission concludes that it is competent to examine the complaint, and that the petition is admissible insofar as it alleges the violation of rights established in Articles 4 and 5 of the American Convention, considered in relation to its Article 1.1, to the detriment of Aníbal Aguas Acosta, and in Articles 8 and 25 to the detriment of his family members. Moreover, by virtue of the principle of iura novit curia, the Commission considers it admissible with regard to a possible violation of Articles 1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture, and of Article 5 of the American Convention, to the detriment of the family members of the alleged victim. Consequently, it will notify the parties of the report, order its publication, and include it in its Annual Report to the OAS General Assembly. II. PROCESSING BY THE COMMISSION 5. The IACHR registered the petition as number 302-03, and after a preliminary analysis it proceeded to forward it to the Ecuadorian State, granting the State two months to submit information.