INTER - AMERICAN COMMISSION ON HUMAN RIGHTS COMISION INTERAMERICANA DE DERECHOS HUMANOS COMISSÃO INTERAMERICANA DE DIREITOS HUMANOS COMMISSION INTERAMÉRICAINE DES DROITS DE L'HOMME ORGANIZACIÓN DE LOS ESTADOS AMERICANOS WASHINGTON, D.C. 2 0 0 0 6 EEUU November 23, 2013 Ref.: Case No. 11.576 García Ibarra y familia Ecuador Mr. Secretary: I am pleased to address you on behalf of the Inter-American Commission on Human Rights in order to file Case No. 11.576 García Ibarra and family v. Ecuador (hereinafter “the State”, “the Ecuadorian State” or “Ecuador”) before the jurisdiction of the Honorable Inter-American Court of Human Rights regarding to the extrajudicial execution of the child Jose Luis Garcia Ibarra on September 15, 1992, at the age of 16, by a member of the National Police, who was in charge of the Provincial Command of the National Police No. 14 of the city of Esmeraldas. The child García Ibarra was in a public place with a group of friends when the member of the police approached and had a fight with a teenager that was in the site. During that fight, the member of the police shut the gun to the detriment of Jose Luis Garcia Ibarra, who died immediately. The Commission concluded that this fact constituted an arbitrary deprivation of life, especially aggravated by being a teenager. Despite the severity of the facts, after nine years of the event, the investigation and the criminal proceeding ended with a condemnatory judgment for non-intentional homicide, with 18 months of prison. The process that ended with these results failed to comply with the minimum standards that the jurisprudence of the Inter-American system has established in matter of justice in this type of facts. For example, the initial stage of the investigations focuses on resolving a conflict of competence between the police courts and the ordinary courts. The delay of more than nine months did not obey to the practice of diligences but to the negligence and inactivity of the domestic authorities. At no time during the investigation, not at the initial stage or subsequently, the minimum diligences was done which are considered by the international standards in matter of extrajudicial executions as fundamental elements to clarify an “accidental homicide” or of “encounter”. Specifically, the investigation authorities omitted to practice the testing of the ballistic trajectory and other technique expertise that could clarified the facts. Even the Supreme Court of Justice recognized the existence of certain irregularities; despite that did not adopted any measure to correct them. Summarizing, the execution of Jose Luis Garcia Ibarra is on partial impunity and his family does not count the judicial clarification of the event. Mr. Pablo Saavedra Alessandri, Secretario Inter-American Court on Human Rights Apartado 6906-1000 San José, Costa Rica

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