6.
Brief with pleadings, motions, and evidence. On October 4, 2022, the representatives
presented their brief with pleadings, motions, and evidence (hereinafter “pleadings and
motions brief”), pursuant to Articles 25 and 40 of the Court’s Rules of Procedure. They
substantially agreed with the Commission's arguments, but they also added arguments on
the violation of Article 25 of the Convention. They asked that Ecuador be ordered to adopt
several measures of reparation.
7.
Answering brief. On January 4, 2021, the State presented to the Court its answering
brief to the submission of the case by the Commission and to the pleadings and motions brief
(hereinafter “answering brief” or “answer”). Ecuador presented two preliminary objections,
regarding a failure to exhaust domestic remedies and an alleged violation of the State’s right
to defense (infra para. 13).
8.
Observations on the preliminary objections. On February 10, 2021, the Commission
submitted its observations on the State’s preliminary objections. The representatives
submitted their observations late, on February 12, 2021.
9.
Public hearing. On February 14, 2022, the Court called the parties and the Commission
to a public hearing on the preliminary objections and potential merits, reparations, and costs. 2
That hearing was held virtually on March 21, 2022, during the Court's 147th regular session. 3
10.
Final written arguments and observations. On April 22, 2022, the representatives, the
Commission, and the State presented their final written arguments and annexes. On May 5,
2022, the Commission stated that it did not have observations on the annexes presented by
the State or the representatives, and the State presented its observations on the annexes to
the representatives’ final written arguments. On May 6, 2022, the representatives submitted
observations on the annexes to the State’s final written arguments.
11.
Deliberation of the case. The Court deliberated this judgment on October 17 and 18,
2022.
III
JURISDICTION
12.
The Inter-American Court has jurisdiction to hear this case pursuant to Article 62(3)
of the American Convention because Ecuador has been a State Party to that convention since
December 28, 1977, and accepted the contentious jurisdiction of the Court on July 24, 1984.
2
Cf. Case of Cortez Espinoza v. Ecuador. Call for a hearing. February 14, 2022, Order of the President of the
Inter-American
Court
of
Human
Rights.
Available
in
Spanish
at:
https://www.corteidh.or.cr/docs/asuntos/cortez_espinoza_14_02_22.pdf.
3
Present at this hearing were: (a) for the Inter-American Commission: Edgar Stuardo Ralón Orellana,
Commissioner; Marisol Blanchard, Assistant Executive Secretary; Jorge Meza, Advisor; and Erick Acuña, Advisor; (b)
for the representatives: David Cordero Heredia, Attorney; Mario Melo Cevallos, Attorney; José Feliciano Valenzuela
Rosero, Attorney; Camila Bernarda Cedeño Dávila, Diana Cristina Carrión Mena, and Víctor Daniel Espinosa
Mogrovejo; and (c) for the State: María Fernanda Álvarez Alcívar, National Director of Human Rights; Carlos Alfonso
Espín Arias, Assistant National Director of Human Rights; and Alejandra Vargas Jaramillo, Human Rights Litigation
Attorney.
.
5