the violations in the case occurred, violations which are related to the attacks by the
Executive Branch against El Universo newspaper, and the lack of judicial independence,
which are issues that must be analyzed together in this case.
B. Considerations of the Court
23.
Pursuant to Articles 62 and 64 of the Rules of Procedure, and in the exercise of
its powers of international judicial protection of human rights, a matter of international
public order, it is incumbent on this Court to ensure that the acts of acknowledgment of
responsibility are acceptable for the purposes that seeks to comply with the interAmerican system. 24 The Court will analyze below the situation in this specific case.
B.1 Regarding the facts
24.
In this case, this Court considers that it must be understood that the State
accepted “solely and exclusively” the facts contained in the Merits Report and the
motions and pleadings brief “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, because it is directly linked to the
former.” Thus, the Court understands that the State has recognized the following facts
set forth in the Merits Report: all those specifically related to a) the criminal proceedings
for the crime of libel brought against the presumed victims of the case; b) the
constitutional action brought before the Eleventh Court for Children and Adolescents of
Guayas in August 2011, and c) the public statements made by the then President
through state media, which can be found in section “D. Facts of the case”, in paragraphs
18 to 52 and 54 to 56 of the aforementioned Report, insofar as they refer to events that
occurred in the time frame of the criminal proceedings against the alleged victims or the
precautionary measures filed before the Eleventh Court of Children and Adolescents of
Guayas. Additionally, this Court considers that the supplementary facts established in
the motions and pleadings brief, which refer to said factual issues, are also covered by
the acknowledgment of the State.
25.
The State expressly maintained that it did not accept the facts related to the
context and the “circumstances unrelated to said proceedings and time frame”, which
this Court notes are found in paragraphs 12 to 17, and 53 of the Merits Report. This
Court observes that the aforementioned paragraphs are found in section IV of the Report
entitled “A. Context"; “B. About el Universo Newspaper and the government of President
Rafael Correa”; “C. Regarding the alleged victims”; and “D. Facts of the case”, and more
specifically in the section on “Facts related to the case”, in which the Commission made
a presentation of facts related to the enactment of Decree No. 872. Because of this, the
Court considers that the controversy still remains regarding the facts referred to in the
aforementioned paragraphs (12 to 17, and 53), as well as those that are related to them
and have been presented by the representatives in the motions and pleadings brief.
B.2 Regarding the legal claims
26.
Taking into account the violations acknowledged by the State, as well as the
observations of the representatives and the Commission, the Court considers that the
24
Cf. Case of Kimel v. Argentina. Merits, Reparations and Costs. Judgment of May 2, 2008. Series C No.
177, par. 24, and Case of Garzón Guzmán et al. v. Ecuador. Merits, Reparations and Costs. Judgment of
September 1, 2021. Series C No. 434, par. 19.
11