3
August 5, 1992. In 1992, they also had a meeting with Assistant Secretary of Government Félix López,
who stated that he had no information regarding the disappearance of César Gustavo Garzón and
who offered to immediately order and investigation.
13.
The petitioners allege that that in May 2003, the newspaper El Comercio published a
report that a former National Army Officer asserted that the Commander General of the Police would
know where the remains of César Gustavo Garzón could be found. They point out that in June 2003,
a new report published by the newspaper El Comercio confirmed the information published in May
2003. The petitioners allege that, based on those news reports, they sent communications to the
Minister of Defense and to the Minister of Government, Police and Worship requesting that
exhaustive investigations be undertaken to shed light on the facts, but that their requests were never
answered.
14.
Furthermore, the petitioners argue that in 2007, the State had indicated to the United
Nations Working Group on Enforced or Involuntary Disappearances that according to information
provided by the Provincial Chief of the Pichincha Judicial Police, César Gustavo Garzón was still in
detention which, the petitioners argue, was not true since after several requests and complaints
lodged by his relatives in connection with his disappearance, they had never been told that he was
detained rather than disappeared or where he was being held.
15.
In sum, the petitioners allege that the State is responsible for violating the rights to
life, to judicial guarantees and to judicial protection established under the provisions of Articles 4,
8(1) and 25 of the American Convention in connection to Article 1(1) of the same instrument, with
regard to the disappearance of César Gustavo Garzón Guzmán whose whereabouts remain
unknown to this date, as well as for the lack of investigation of the facts which form the basis of this
complaint.
16.
With regard to the requirement of prior exhaustion of domestic remedies, the
petitioners argue that given that more than 18 years have passed since the facts took place, the State
has been negligent in the investigation of those facts and, therefore, the domestic remedies have
been exhausted in accordance with the provisions of Article 46(1)(a) of the American Convention.
B.
The State
17.
The State argues that this is a complex case because it took place during a special
period of the Rule of Law in Ecuador, in the 1990s decade, when socioeconomic reforms and
structural adjustments were being implemented which also included reforms of the Judicial Branch
and the entities responsible for the administration of justice. With regard to the alleged human rights
violations that occurred during that time, the State points out that a Truth Commission was created
by presidential decree on May 3, 2007, to investigate the period 1984-1988 as well as other periods.
18.
With regard to any role played by government agents in the disappearance of Cesar
Gustavo Garzón, the State argues that the petitioners have not made any formal legal allegations
that would indicate that National Police agents took part in the facts alleged in the instant petition.
19.
With regard to the requirement of prior exhaustion of domestic remedies established
by the American Convention, the State alleges that the petitioners, in addition to lodging their
complaint with different entities, did not pursue other legal recourse to demand a full investigation
of the facts. Specifically, the State points out that the new constitutional legal framework in force
since 2008 incorporated new judicial guarantees that individuals may pursue when they believe their