4
Judge Quiroga Medina and Judge ad hoc Rodríguez Pinzón advised the Court of
their Partially Dissenting Opinions and Judge Ventura Robles advised the Court of
his Concurring Opinion, which accompany [the] Judgment.
2.
The 13th and 18th of June, August 19th, and September 2nd, 2008, the Republic of
Ecuador (hereinafter “the State” or “Ecuador”),3 and the 6th and 13th of June, November 5th
and 25th, and December 2nd, 2008, the representatives4 informed the Court of the different
actions carried out in order to reach an agreement, pursuant with that ordered in the
Judgment on the Merits. Subsequently, on November 25, 2008 the State requested an
“extension of the six-month term stated in paragraphs 134 and 4 of the dispositive part of the
[J]udgment.” In this regard, on December 9, 2008, the Secretariat of the Court (hereinafter
“the Secretariat”), following the instructions of the then President, in consultation with the Full
Court, granted the extension requested to the State and the victim’s representatives
(hereinafter “the representatives”) until February 15, 2009, so they could continue with the
process of reaching an agreement. Upon the conclusion of this term, through communications
of February 15, and 26, 2009, the representatives and the State, respectively, agreed in
stating to the Court that, within the term granted in the Judgment and the extension of the
term granted to that effect, it was not possible to reach an agreement. Therefore, the
representatives and the State awaited a determination from the Court.
3.
Given the aforementioned, on March 10, 2009, the Secretariat, following the
instructions of the then President of the Court and in consultation with the Judges of the
Tribunal, informed the parties that pursuant with paragraph 134 of the Judgment and the
fourth operative judgment of the Ruling, it decided to continue with the reparations stage,
pursuant with Articles 63(1) of the American Convention and 57(1) of the Rules of Procedure
of the Court (hereinafter “the Rules of Procedure”). Additionally, it stated that:
[i]n the processing of the reparations stage, the Court will take into account the
previous actions within the proceedings and will examine the evidence included in
the body of evidence, considered as a whole within the case’s proceedings, which
must be considered by the representatives, the […] State, and the Commission
when presenting their corresponding briefs before this Tribunal. Therefore, the
following steps will be taken:
a) Require that the victims’ representatives present, no later than April 13,
2009, a brief in which they refer technically, precisely, and clearly to their
claims of reparations, as well as, if it were the case, the evidence they
consider appropriate;
b) Require that the State, within a one-month term, computed as of the
receipt of the brief of the victims’ representatives, present its observations
in a technical, precise, and clear manner to the claims made by the
representatives, as well as, if it were the case, the evidence considered
appropriate; and
c) Require that the Commission forward, within a two-week term, its
observations to the briefs presented by the representatives and the
Honorable State.
3
The State appointed Erick Roberts, Assistant Director of Human Rights of the Attorney General of the State,
as Main Agent, and Rodrigo Durango Cordero as Deputy Agent.
4
The representatives of the victim are: Alejandro Ponce Martínez and Alejandro Ponce Villacís.