Judgment. Therefore, the Court considers the injured parties to be Luis Eduardo Casierra
Quiñones, Andrés Alejandro Casierra Quiñonez, Sebastián Darlin Casierra Quiñonez, María
Ingracia Quiñonez Bone, Cipriano Casierra Panezo, Jonny Jacinto Casierra Quiñones, and
Shirley Lourdes Quiñonez Bone.
172. The Court notes that, as it was informed during this proceedings, Cipriano Casierra Panezo
died on March 30, 2013.147
E. Obligation to investigate
173. The Commission requested that the State be ordered to initiate an investigation in the
ordinary criminal jurisdiction diligently, effectively, and within a reasonable time, in order to fully
clarify the facts, identify all possible responsibilities, and impose the corresponding sanctions for
the human rights violations committed. It indicated that, due to the seriousness of the violations
declared and the applicable inter-American standards, the State could not oppose the guarantee
of ne bis in idem, res judicata, or statute of limitations to justify its breach of duty.
174. The representatives requested that, within a reasonable time, the State carry out “a
complete, exhaustive, diligent, and effective investigation to identify, prosecute, and punish those
responsible for the human rights violations” that occurred.
175. The State indicated that the investigation undertaken after the Truth Commission issued
its final report "constitutes an adequate means to allow for a genuine search for the truth about
what happened." To this effect, it added that the domestic authorities "are fulfilling their
conventional obligations in order to guarantee the rights of access to justice, and to discover the
truth of the facts."
176. The Court places a positive value on the efforts of Ecuador, which were taken through the
Office of the Prosecutor General, to resume and undertake the investigation under ordinary
jurisdiction to fully clarify what occurred. Consistent with the above, the Court orders that, within
a reasonable time and with due diligence, the State promote, continue, and conclude the
investigations that are necessary to determine the circumstances of the death of Mr. Luis Eduardo
Casierra Quiñonez and the injuries caused to his brothers Andrés Alejandro and Sebastián Darlin,
with surnames Casierra Quiñonez, and, if applicable, prosecute and eventually punish the person
or persons responsible. For this purpose, the State must guarantee the full access and capacity of
the victims to participate at all stages of the investigations, in accordance with domestic law and
the American Convention.148
177. Finally, the Court notes that the investigation undertaken by the Office of the Prosecutor
General was resumed for the possible commission of the crime of extrajudicial execution,149 which,
in theory, determines that the State must refrain from resorting to figures such as the ne bis in
idem principle or any similar release of liability to excuse itself from its obligation.150 In any case,
the actions undertaken denote the will of the state authorities to fulfill their duty to investigate
Cf. Brief of October 5, 2020 (merits file, volume I, folio 74), and pleadings and motions brief (merits file,
volume III, folio 818).
148
Cf. Case of the Caracazo v. Venezuela. Reparations and Costs. Judgment of August 29, 2002. Series C No. 95,
para. 118, and Case of González et al. v. Venezuela. Merits and Reparations. Judgment of September 20, 2021. Series
C No. 436, para. 201.
149
Cf. Updated report on the progress of the “Case of the Casierra Brothers” investigation, official letter No. FGEGCVDH-2019-002357-0 of May 6, 2019, signed by the head of the Directorate of the Truth and Human Rights
Commission of the Office of the Prosecutor General (evidence file, volume IV, annex 67 to the answering brief, folio
5184), and Resolution of March 9, 2011, issued by the Specialized Unit of the Truth Commission, State Attorney
General's Office, file identified as preliminary inquiry No. 94, case No. 94 (evidence file, volume XIII, folios 5555 to
5560).
150
Cf. Case of Barrios Altos v. Peru. Merits. Judgment of March 14, 2001. Series C No. 75, para. 41, and Case of
Olivares Muñoz et al. v. Venezuela, supra, para. 150.
147
40