Table of Contents I INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE 4 II PROCEEDINGS BEFORE THE COURT 5 III JURISDICTION 6 IV PRELIMINARY OBJECTION 6 a. Arguments of the parties and the Commission 6 B. Considerations of the Court 7 V PRELIMINARY CONSIDERATIONS 8 A. Alleged acknowledgment of international responsibility by the State 8 A.1. Arguments of the Parties 8 A.2. Considerations of the Court 8 B. Factual framework of the case 11 B.1. State's arguments 11 B.2. Considerations of the Court 11 VI EVIDENCE 11 A. Admissibility of documentary evidence 12 B. Admissibility of testimonial and expert evidence 12 VII FACTS 12 A. The Casierra Quiñonez brothers and their family 13 B. The order of December 7, 1999, issued by the Port of Esmeraldas Harbormaster 13 C. The events that occurred on December 8, 1999 14 C.1. Testimony by the Casierra Quiñonez brothers and their companions as to what occurred 14 C.2. Declarations by the marines who participated in the military operation as to what occurred 16 D. Subsequent events and the investigation into what happened 17 E. Criminal proceedings initiated under the military and ordinary jurisdiction 18 F. Inclusion of the “Casierra Case” in the Truth Commission's report 21 VIII MERITS 22 VIII.1 23 RIGHTS TO LIFE AND HUMANE TREATMENT, IN RELATION TO THE OBLIGATIONS TO RESPECT AND GUARANTEE RIGHTS AND TO ADOPT DOMESTIC LAW PROVISIONSAND ALLEGED VIOLATION OF THE RIGHT TO PROPERTY 23 A. Arguments of the parties and the Commission 23 A.1. Rights to life and humane treatment 23 A.2. Right to property 24 B. Considerations of the Court 24 B.1. The use of lethal force by State security forces 25 B.1.1. Analysis of the instant case 26 B.2. Alleged violation of the right to property 32 B.3. Conclusion 32 VIII.2 RIGHTS TO JUDICIAL GUARANTEES AND JUDICIAL PROTECTION, IN 2