5.
On April 5, 2011, Mr. Alejandro Ponce Villacís reported on an alleged new fact that
took place on April 4, 2011. He stated that the new fact is directly related to his request for
measures. In this sense, he indicated that on that day, at around 22:30, while he was eating
at an establishment named King Cross in the city of Quito, he saw a police car pass in front
of the restaurant. Initially, he did not pay much attention to it. A few minutes later,
however, he saw the police car again. It stopped in front of the window located precisely at
the table where he was eating, immediately turning on the emergency lights on the patrol
car’s roof and activating its siren repeatedly, clearing drawing attention to itself. This
obviously caught his attention, and he became concerned when he noticed it was the same
patrol car - that is, the one identified with No. 133 and license plate PWB-310 - to which he
made reference in his communication of March 27, 2011. After stopping for less than a
minute and making sure he noticed its presence, the patrol car left. Additionally, he pointed
out that his own presence at that location was evident, not only because he was sitting right
in the restaurant’s window but because his car was parked just a few meters away. He
stated that there are not many vehicles with the same model and characteristics as the one
he owns, thus its presence in that location did not go unnoticed by the police. In his opinion,
therefore, it is clear that members of the National Police Force wanted him to notice their
presence, probably for purposes of intimidation.
6.
The Secretariat’s communication of April 6, 2011, through which, following the
President’s instructions, it requested that in the comments it was to submit on April 8, 2011,
the State also include any comments it considered pertinent regarding the alleged
intimidating fact of April 4th of that year mentioned by Mr. Alejandro Ponce Villacís.
7.
On April 12, 2011, the State forwarded its comments on the facts related to this
request and indicated that “these facts have been brought before […] the Ministry of the
Interior of Ecuador, […] as well as the General Command of the National Police Force.”
Likewise, it mentioned that “they have issued various official letters requesting information
and they have held meetings with the General Commanding Officer of the National Police
Force (in charge) in order to make sure that the corresponding investigations are carried
out.” It added that the State commits to informing the Court of the result of the
investigations carried out in this case. Finally, it stated that “[i]f the incidents mentioned by
Mr. Ponce Villacís are true and they are occurring, then the State itself, as it has been doing
in recent years with its policies for the protection, promotion, and guarantee of human
rights, will take the pertinent measures to correct, ex officio and within the national
jurisdiction, the infringements allegedly committed against attorney Ponce.”
8.
The Secretariat’s communications of April 15, 2011, through which it informed the
parties that both the request for provisional measures and the State’s observations would be
taken before the Tribunal during the 43rd Special Period of Session to be held from May 16 to
21 in the city of Panama. Likewise, following the President’s instructions, the State was
reminded of its obligation to adopt the mechanisms it considers effective to guarantee the
free and full exercise of the rights of all persons under its jurisdiction, especially the right to
humane treatment, pursuant to the general obligations of the States Parties to the American
Convention on Human Rights enshrined in Article 1(1) of the Convention.
CONSIDERING THAT:
1.
Ecuador has been a State Party to the American Convention since November 22,
1969, and that it accepted the binding jurisdiction of the Court on December 8, 1977.
2.
Article 63(2) of the American Convention states that, “In cases of extreme gravity
and urgency, and when necessary to avoid irreparable damage to persons, the Court shall
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