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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