I
INTRODUCTION OF THE CASE AND CAUSE OF ACTION
1.
The case submitted to the Court. – On June 2, 2021, the Inter-American
Commission on Human Rights (hereinafter “the Inter-American Commission” or “the
Commission”) submitted to the jurisdiction of the Court the case of Walter Gonzalo
Huacón Baidal, Mercedes Eugenia Salazar Cuevas [sic] and family” versus the Republic
of Ecuador (hereinafter "the Ecuadorian State," "the State," or "Ecuador"). According to
the Commission, the case involves the alleged extrajudicial executions of Walter Gonzalo
Huacón Baidal and Mercedes Eugenia Salazar Cueva by State agents in March 1997, as
well as the situation of impunity surrounding the facts. In its Report on the Merits, the
Commission determined that the State of Ecuador was responsible for the violation of
the rights established in articles 4(1) (right to life); 5(1) (right to personal integrity);
8(1) (judicial guarantees); and 25(1) (judicial protection) of the American Convention
on Human Rights, read in conjunction with articles 1(1) and 2 of the Convention, to the
detriment of Walter Gonzalo Huacón Baidal and Mercedes Eugenia Salazar Cueva, as
well as their relatives, Mary del Pilar Chancay Quimis, Wilson Eduardo Huacón Baidal,
Karent Lisset Huacón Chancay, Walther Bryan Huacón Chancay, Wilson Fabián Huacón
Salazar, Karla Fernanda Huacón Salazar, Kerlly Mercedes Huacón Salazar and William
Huacón. The Commission stated that it was submitting the case to the Court "taking into
account the need for justice and reparations for the victims" 1.
2.
Proceedings before the Commission. The proceedings before the Commission
were as follows:
a) Petition. The initial petition was filed with the Commission on October 28, 2002,
by José Ricardo Villagr��n.
b) Admissibility and Merits Reports. The Commission approved admissibility report
9/04 on February 26, 2004, and on September 28, 2019, in accordance with
Article 50 of the Convention, issued Merits Report 149/19 (hereinafter also "the
Merits Report" or "Report 149/19”), in which it reached a series of conclusions
and made several recommendations to Ecuador.
c) Notification to the State. The Commission notified the State of Report 149/19 in
communication dated December 2, 2019, granting it a period of two months to
report on compliance with the recommendations.
3.
Submission to the Court. In submitting the case to the Court on June 2, 2021,
the Commission explained that "[f]ollowing the granting by the C[ommission] of five
extensions for the State to comply with these recommendations, on May 20, 2021, the
State requested a sixth extension." It continued that, “[u]pon comprehensively
evaluating compliance with the recommendations, the Commission concluded that a year
and a half since the notification of the Merits Report, [there had been] no substantive
progress toward compliance with the recommendations."
4.
Requests of the Commission. The Commission asked this Court to find and
declare the State internationally responsible for the violations set forth in the Report on
the Merits (supra para. 1) and to order the State to carry out the measures of reparation
1
The Inter-American Commission appointed Commissioner Antonia Urrejola Noguera as delegate.
It
also appointed Marisol Blanchard Vera, then Deputy Executive Secretary, Jorge Humberto Meza Flores, then
specialist of the Executive Secretariat, and Erick Acuña Pereda, specialist of the Executive Secretariat, as legal
advisors.
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