7
judicial officials and health professionals in order to prevent the repetition of acts such as those
that gave rise to the instant case.
20.
Based on the information provided by the parties, the Court observes that the State has
performed several steps to implement that ordered by the Court regarding the creation of
training programs for the National Police and judges, and it initiated a training process in 2008
and 2009. The State indicated that these trainings would also be repeated in 2009 and 2010 so
that the trained government officials would subsequently give the training to other members of
the National Police and judges, respectively. In this sense, the Court considers that the
execution of these trainings is inline with that ordered in this operative paragraph. In addition,
the Court valued the State's initiatives to make the National Police's training permanent and
that the implementation plan of the Organic Code of the Judicial Branch emphasizes the
creation of a new Judicial School, with Human Rights as the general underlying focus.
21.
Furthermore, with regards to the different actions to train the correction officers and
health personnel (medical, psychiatric, and psychological), this Court requires a detailed update
on the implementation of programs to train these persons, such as: a) the training modules
designed for this purpose; b) who is responsible for the training; c) the persons who will receive
the training; and, d) a timeline of activities that are planned for such training.
22.
Lastly, the State reported that in 2007 it created the Ministry of Justice and Human
Rights after the Judgment in the instant case was issued, which is responsible, among other
things, for creating human rights training for government employees. The Court observes that
the aforementioned Ministry has taken several steps, in coordination with other State bodies, to
develop the actions necessary to comply with the instant operative paragraph. The Court values
the significant advances to implement the trainings ordered in the Judgment. Given the State
created the Ministry of Justice and Human Rights, the Court deems it necessary that the parties
refer to the institutional activities that the Ministry is carrying out together with other state
bodies as a means of implementing Operative Paragraph 13 of the Judgment.
23.
Consequently, the Court deems that the State has partially complied with Operative
Paragraph 13 of the Judgment with regards to the training of members of the National Police
and the judges, and it awaits the information requested in paragraphs 21 and 22 of the instant
Order.
24.
Finally, the Court observes that, contrary to the representatives' claims with regards to
being unable to access annexes 1 and 4 of the State report (which consist of four CDs), said
annexes were sent along with the aforementioned state report to the representatives via a
courier service on November 20, 2009. Furthermore, according to delivery receipt number
7823776144, the courier service was received by the addressee on November 23, 2009 at
09:13, and was signed for by T. Ryan.
D)
Regarding the obligation to pay pecuniary compensation for the property
seized from Mr. Tibi (Operative Paragraph 14 subparagraph b) of the Judgment)
25.
The State reported that on September 26, 2007 the Attorney General’s Office requested
that the Central Bank of Ecuador transfer USD 117,137.55 (one hundred and seventeen
thousand one hundred and thirty-seven U.S. dollars and fifty-five cents), but according to the
State the transfer of funds on January 8, 2008 could not be completed because the account at
Le Credit Lyonnais Bank was closed. It added that once this setback was resolved, on April 15,
2008 it asked the Central Bank of Ecuador to carry out the transfer again. This bank did so on
the 16th of the same month and year; however, at that time the value of the dollar in relation
to the Euro was lower. In this regard, the State claimed that they could not be held accountable