representatives “ratif[ied] the agreement signed with the Ecuadorian State" and reported
that “the pecuniary compensation part of the agreement has met with compliance.”
9.
Observations of the Inter-American Commission. On July 27, 2022 the InterAmerican Commission submitted its observations on the friendly settlement agreement,
indicating its positive assessment of it.
10.
Additional request for clarification. On September 1, 2022, the representatives
and the State were informed that the Report on the Merits named William Huacón as a
victim, as a relative of Walter Gonzalo Huacón Baidal. However, William Huacón is not
mentioned as a victim or beneficiary of reparation measures in the friendly settlement
agreement signed on June 14, 2022, so the parties were asked to provide any relevant
comments or clarifications on this by September 9, 2022. On September 9, 2022, the
State, "by mutual agreement" with the representatives, asked for a deadline extension
to respond, a request that was granted on September 12, 2022. On September 22, 2022,
the representatives reported that the victims who signed the agreement, along with they
themselves in their capacity as representatives, 7 “believ[ed] that the only persons who
should be considered victims are the direct relatives of the mortal victims," and they
therefore "did not include" William Huacón as a victim.
11.
Deliberation of the case. The Court deliberated on this judgment, virtually, on
October 4, 2022.
III
FRIENDLY SETTLEMENT AGREEMENT
A) Friendly settlement agreement
12.
On June 14, 2022, in the city of Guayaquil, attorney Paola Flores Jaramillo,
representative of the Secretariat for Human Rights, together with Mary del Pilar Chancay
Quimis, Wilson Fabián Huacón Salazar, Karent Lisset Huacón Chancay, Karla Fernanda
Huacón Salazar, Walther Bryan Huacón Chancay and Kerlly Mercedes Huacón Salazar,
victims in the instant case, signed the friendly settlement agreement. 8 The parties
submitted the agreement to the Court and asked it to issue a judgment approving it and
ordering supervision of compliance with it.
comments from the representatives, the Court would move in a timely fashion to rule as appropriate.” The
Office of the Registrar of the Court did not receive any comments from the representatives. This
notwithstanding, on September 22, 2022 (infra para. 10), the representatives ratified the agreement signed
with the State. Additionally, in communications dated September 19 and 22, 2022, respectively, the State and
the representatives stated—as they had previously—that Wilson Huacón Baidal, the victim in the case, is
deceased.
It should be noted that on July 14, 2021, in a communication prior to the notification of the case
(supra para. 5 ), sent in response to an inquiry from the Office of the Registrar of the Court, the representatives
expressly indicated that they were representing Mr. William Huacón. Additionally, it is noted for the record
that following the request of the Office of the Registrar of the Court on September 1, 2022, the State, did not
submit any comments with respect to William Huacón.
7
8
The friendly settlement agreement is attached to this judgment. However, in view of the agreement
between the parties to keep the information on the indemnities confidential (infra para. 64), and since part of
the text of the agreement will be published by the State (infra paras. 54 and 55), the text will not be made
public by the Court. Additionally, this Court notes that in the Merits Report, several of the victims’ names do
not match with how they were written in the agreement. For the purposes of this judgment, the names will be
spelled as they are in the agreement.
5