3
Suarez del Carmen Peralta. It also referred to the request for medical assistance from
the victim on January 4 and 23, 2012, and requested to " record the first steps taken by
the Ecuadorian State to comply with the fourth recommendation."
Finally, in connection with the offering of public apologies, the State enclosed a
"Public Apology Publication in the Daily Universe Ecuador dated January 25, 2012" and
a "Photography of the Printing Public Apologies plate, which will be placed in the building
of the Provincial Court of Justice of the province of Guayas"
Moreover, on December 27, 2011, and on January 18 and 26, 2012, the
petitioners sent emails to the Commission stating that despite the deadline stipulated in
the agreement have passed, the State has neither made effective payment of the
established compensation, nor complied with the recommendations. They also noted
that they needed to make effective repairs so that Melba Suarez del Carmen Peralta
received urgent medical treatment.
En relación con las disculpas públicas, los peticionarios indicaron que la
publicación en el periódico se realizó sin su consentimiento ni aprobación y que,
además según el acuerdo, previo a las disculpas públicas debían pagarse las
indemnizaciones establecidas.
On the other hand, on December 16, 2011, the petitioners sent an e-mail in which
informed that, despite the schedule, the State has not paid any compensation. Later on,
on December 27, 2011, the petitioners expressed that none of the recommendations
had been fulfilled, that the General Prosecutor’s Office had suspended the proceedings
and they requested the referral of the case to the Court if the agreement was not
complied by January 26, 2012. On January 3, 2012 the petitioners sent an e-mail in
which they indicated that on December 28, 2011 they had signed another agreement in
which it was established that compensations will be pay on January 20, 2012. On
January 17, 2012 the petitioners expressed that the State was not taking the previous
step required to pay the compensations on January 20, 2012 and indicated that they
needed those compensations to provide urgent medical treatment to Melba del Carmen
Suárez Peralta.
The Committee notes that according to the State report, the Government has
taken steps for a compliance agreement; however, no evidence has been met either in
relation to the fulfillment of the recommendations contained in the Report 75/11, or in
relation to the execution of the obligations agreed to in the agreement signed by the
parties on September 8, 2011, and amended on December 28, 2011. Additional the
Committee notes that the State did not requested the granting of an extension to take
measures to comply with the obligations assumed.
In fact, the Commission notes that in the agreement signed by the parties, the
amount stipulated in compensation including compensation for material and moral
damage caused and it was not subject to the submission of any documentation for the
agreed amount. The Commission also notes that the State has not requested the
granting of an extension to require additional information requested by the petitioners,
nor to ensure full implementation of the recommendations 1, 4 and 5.
Moreover, the Commission notes that the recommendation related to the
provision of medical treatment, would be partially addressed in the economic
compensation specifically established for this purpose in the agreement of September 8,