13.
Final written arguments and observations. On July 16, 2021, the State, the
Commission, and the representatives presented their final written arguments, with
annexed documentation.
14.
Observations on the annexures to final arguments. On August 2, 2021, the
representatives forwarded their observations on the annexes forwarded with the final
written arguments of the State. On August 3, 2021, the Commission reported that it had
no observations to make regarding the documents added by the State. The State did not
present observations.
15.
Alleged supervening facts. On August 5, 2021, the representatives reported on
a communication from a state media outlet, in which it "officially and publicly issued an
'apology' regarding the attacks on the media that took place from 2008 to 2021,"
requesting its inclusion in the case file. On August 17, 2021, the Commission presented
its observations regarding the information presented by the representatives, and the
State requested that the video presented by the representatives be excluded from the
body of evidence in the case.
16.
Deliberation of this case. The Court deliberated this Judgment in virtual sessions
on November 22, 23 and 24, 2021. 23
III
JURISDICTION
17.
The Inter-American Court is competent to hear this case pursuant to Article
62(3) of the American Convention, given that Ecuador is a State Party of said
instrument since December 28, 1977, and accepted the contentious jurisdiction of the
Court on July 24, 1984.
IV
ACKNOWLEDGEMENT OF RESPONSIBILITY
A. The State’s partial acknowledgment of responsibility and observations
of the representatives and the Commission
18.
The State declared, in its answering brief, that “it partially acknowledges the
facts set forth in the submission brief of the Inter-American Commission, as well as the
[pleadings and motions brief] of the representatives.” It stated that the acknowledgment
is partial because “it covers solely and exclusively the facts related to the criminal
proceedings for the crime of libel that was brought against [the alleged victims], as well
as the facts related to the constitutional action for precautionary measures filed before
the Eleventh Court for Children and Adolescents of Guayas in August 2011, as it is
directly linked to the former.” In this way, the State indicated that “the acknowledgment
excludes all the context and circumstances unrelated to said processes and time frame,
referred to both in the submission of the case by the Inter-American Commission and in
the [pleadings and motions brief] of the representatives.”
23
Due to the exceptional circumstances caused by the COVID-19 pandemic, this judgment was
deliberated and approved during the 145th Regular Session, held using media communication technology, in
accordance with the provisions of the Court’s Rules of Procedure.
8