9.
Public hearing. – On April 12, 2021, the President of the Court issued an order in
which she summoned the parties and the Commission to a public hearing on possible
merits, reparations and costs, and to hear the arguments and final oral observations of
the parties and of the Commission, respectively. 5 Due to the exceptional circumstances
caused by the COVID-19 pandemic, the public hearing was held by videoconference, in
accordance with the provisions of the Court's Rules of Procedure, on June 14 and 15,
2021 during the Court’s 142nd regular session. 6
10.
Request to appear. On June 18, 2021, Mr. Rafael Vicente Correa Delgado
submitted a brief in which he requested to appear before the Court as a witness, to
present his version of the facts in this case, or to be allowed to “incorporate [his] written
considerations regarding the case into the process.” On June 23, 2021, the Plenary
Session of the Court decided not to accept said request, since it does not have jurisdiction
to address evidence offered by individuals or organizations other than the InterAmerican Commission, the alleged victims, or defendant States, who participate in the
proceedings before the Court. Notwithstanding the foregoing, former President Correa
was informed that, in accordance with Articles 2(3) and 44 of the Court's Rules of
Procedure, any person may present their reasoning regarding the facts of the case, and
the legal considerations involved in it, through an amicus curiae brief 7. In this regard,
the Court received an amicus curiae brief from Mr. Correa Delgado on June 29, 2021,
which was admitted on July 2, 2021. The Court notes that the considerations expressed
in said brief will be taken into account, as appropriate, in this judgment.
11.
This Court considers it relevant to point out that the aforementioned amicus
curiae brief was intended to clarify issues alleged during the public hearing of June 14
and 15, 2021 in this case. Specifically, said brief referred to the following: (1) the
alleged systematic and generalized political persecution of Rafael Correa and those who
are said to be “correistas” and its legal corollary: defenselessness, (2) the statements
and affirmations of the Inter-American Commission on Human Rights in this case, (3)
the testimonies of the alleged victims Emilio Palacio Urrutia and César Pérez Barriga, (4)
the testimonies of experts Juan Pablo Albán and Toby Mendel, (5) the “political raid” by
the State and (6) the alleged intention to cause damage to the honor, image, good name
and reputation of the person appearing. In the analysis presented, former President
Correa expressed, regarding the State's acknowledgment of responsibility (infra, par. 18
to 20), que “that “the raid by itself cannot constitute proof of the charge or evidence
that is assessed by [the] Court as a form of responsibility or that infers some type of
state responsibility, since there are no facts or elements that have been produced by the
Eminent Commission, nor by the State Attorney General's Office, which are related to a
raid.” 8
12.
Amicus curiae. In addition to the aforementioned (supra, par. 11), the Court
received amicus curiae briefs from: (i) High Level Panel of Legal Experts on Media
5
Cf. Case of Palacio Urrutia et al. v. Ecuador. Call to hearing. Order of the President of the Inter-American
Court of Human Rights, of April 12, 2021.
Available at: http://www.corteidh.or.cr/docs/asuntos/palacio_urrutia_y_otros_12_04_21.pdf
6
The following appeared at this hearing: a) for the Inter-American Commission: Pedro Vaca Villareal,
Marisol Blanchard, Erick Acuña and Cecilia La Hoz; b) for the representatives: Carlos Ayala Corao, Hernán
Pérez Loose, Jorge Alvear Macías and María Daniela Rivero, c) for the State: María Fernanda Álvarez, Carlos
Espín Arias, Amparo Esparza, Alfonso Fonseca and Magda Aspirot.
7
Letter of the Secretariat of June 23, 2021 (merits file, folio 2051).
8
Cf. Amicus curiae of Rafael Correa Delgado (merits file, folios 2484 to 2672).
6