actions aimed at locating the victim in the following hours – something crucial to
preventing irreparable violations of the right to humane treatment and life - in
addition to the already recognized lack of due diligence in the judicial clarification
of circumstances known to the authorities, lead to the presumption of Ecuador's
acquiescence to the actions of the Peasant Defense Boards in the disappearance
of Fredy Núñez Naranjo.
III. STANDARDS FOR THE DETERMINATION OF INTERNATIONAL
RESPONSIBILITY FOR AUTHORIZATION, SUPPORT, AND ACQUIESCENCE
IN CASES OF DISAPPEARANCE
22.
As previously indicated supra, the Inter-American Court has
extensively developed its case law in determining state responsibility for
authorization, support, or acquiescence in the face of acts by individuals that result
in human rights violations, in particular, enforced disappearance. As an additional
element for understanding international standards on the matter, it is appropriate
to refer to the Statement on non-State actors in the context of the International
Convention for the Protection of all Persons from Enforced Disappearance, 22 issued
by the United Nations Committee on Enforced Disappearance.
23.
This Statement formulates an authorized interpretation of the
circumstances in which the acts or omissions of persons or groups of persons, who
are not agents of the State, can generate state responsibility at the international
level. These are circumstances that usually involve "paramilitary groups," "civil
patrols," private security companies, criminal organizations, and any person or
group of persons - including informal groups or networks - from the moment they
received the authorization, support, or acquiescence of a State authority. The
Declaration is based on the rules of several relevant international instruments such as the Statute of the International Criminal Court and the Rules of the
International Committee of the Red Cross - as well as on precedents of treaty
bodies and special procedures of the UN and on case law of regional human rights
courts, including the Inter-American Court.
24.
The Statement defines the terms "authorization," "support," and
"acquiescence." In accordance with those definitions, "authorization" means that
the State, through its agents, has either orally or in writing given permission to
persons or groups of persons to commit disappearance; "support" means that the
State has provided some assistance to persons or groups of persons who have
committed enforced disappearance, inter alia, through the sharing of information
and/or the provision of means such as infrastructure, funding, weapons, training
or logistics. For the purpose of attribution in this context, support does not have
to be provided with the specific aim of committing enforced disappearance.
25.
"Acquiescence," in turn, means that the State knew, had reasons to
know or ought to have known of the commission or of the real and imminent risk
of commission of enforced disappearance by persons or groups of persons, but
that one of the following applies: (a) The State has either accepted, tolerated or
given consent to this situation, even implicitly; (b) The State has deliberately and
in full knowledge, by action or omission, failed to take measures to prevent the
UN Committee on Enforced Disappearance, "Statement on non-State actors in the context of the International
Convention for the Protection of all Persons from Enforced Disappearance" CED/C/10, March 13, 2023.
22
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