REPORT No. 90/14 CASE 11.442 ADMISSIBILITY AND MERITS LUIS JORGE VALENCIA HINOJOSA ECUADOR OCTOBER XX, 2014 I. SUMMARY 1. On November 8, 1994, the Inter-American Commission on Human Rights (hereinafter also “the Inter-American Commission,” “the Commission,” or “the IACHR”) received a petition submitted by the Comisión Ecuménica de Derechos Humanos (hereinafter also "the petitioners ") alleging the violation by the Republic of Ecuador (hereinafter “the Ecuadorian State,” “the State,” or “Ecuador”) of several provisions of the American Convention on Human Rights (hereinafter also “the Convention” or “the American Convention”). The petition indicates that Mr. Luis Jorge Valencia Hinojosa, a police agent, was arbitrarily deprived of his life at the hands of another police agent. It is also indicated that the facts were investigated by the criminal justice of the police jurisdiction in a proceeding with many shortcomings and in which those implicated were absolved in a final judgment as it was determined that it was a suicide. 2. The Commission recorded the petition under case number 11,442 and on March 13, 1995, ordered that it be processed in keeping with the Regulations then in force, and forwarded the complaint to the Ecuadorian State. On May 8, 2003, the Commission, applying Article 37(3) of its Rules of Procedure then in force, decided to defer the treatment of admissibility until the debate and decision on the merits. 3. The Ecuadorian State asked the Commission to find the case inadmissible on grounds of no unwarranted delay in the decision on the remedies and for having failed to meet the requirement of exhausting domestic remedies. It also asked that in the analysis on the merits it be found that the State had respected the right to life, the right to judicial guarantees, and the right to judicial protection. 4. After analyzing the parties’ positions, the Inter-American Commission concluded that the case is admissible and that the Ecuadorian State is responsible for violating the right to life established at Article 4 of the American Convention, in relation to Article 1(1) of the same instrument, to the detriment of Luis Jorge Valencia Hinojosa. In addition, the Commission concluded that the Ecuadorian State is responsible for violating the right to judicial guarantees and judicial protection, established in Articles 8 and 25 of the American Convention, in relation to Article 1(1) of the same instrument, to the detriment of Ms. Patricia Alejandra Trujillo Esparza, the alleged victim’s widow. Based on these conclusions, the Commission made the respective recommendations. II. PROCESSING BEFORE THE COMMISSION 5. On November 8, 1994, the Commission received the initial petition registered under case number 11,442. On March 13, 1995, the Commission transferred the pertinent parts of the initial petition to the State of Ecuador, and requested its observations within 90 days. On August 3, 1995, communication was received from the State by which it reported that it did not have the information. On March 14, 1996, the Commission reiterated the request for information to the State. On April 19, 1996, communication was received from the petitioners by which they reiterated their interest in seeing the case processed, given the lack of a response from the State. 6. On May 22, 1996, the State sent the Commission information on the case produced by the National Police. On June 18, 1996, the Commission forwarded the pertinent parts of the information submitted by the State to the petitioners, who submitted their observations on August 6, 1996. On December 19, 1996, a communication was received from the State producing additional information, the pertinent parts of which were forwarded to the petitioners.