THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS THAT THE STATE OF ECUADOR: 1. Provide full reparation for the human rights violations found in the instant report, including both material and moral dimensions. Adopt measures that prove both financial compensation and satisfaction. 2. Provide immediate and cost-free medical, psychological, psycho-social, or psychiatric care, as applicable, to the family members of Paola del Rosario Guzmán Albarracín, if they so desire and by agreement with them. 3. Conduct with due diligence and within a reasonable time frame the corresponding investigations and criminal proceedings with a view to individualizing, identifying, trying, and, as the case may be, punishing those responsible. The Commission notes that the criminal proceeding in respect of Mr. Bolívar Espín concluded on September 18, 2008 due to prescription of the criminal action.. The Commission issues a reminder of the "fraudulent res judicata" concept and its connection with the non bis in ídem principle. As the Court pointed out in the case of Gutiérrez and family v. Argentina, presuming that the provisions of Article 8(4) of the Convention would be applicable in any circumstances would imply that the decision of a domestic judge would have preeminence over a decision taken one of the inter-American organs pursuant to the American Convention.204 It would also mean, consequently, that the application, in any circumstance, of the said Article 8(4) of this treaty, could lead to impunity and to the non-applicability of the corresponding international norms, which would not accord with the object and purpose of the Convention.205 Considering that the prescription of the criminal proceedings was the result of an investigation and criminal proceeding incompatible with the American Convention, the IACHR considers that, in the instant case, the guarantee of non bis in ídem cannot be adduced by the State when it comes to complying with the present recommendation. 4. Impose appropriate administrative, disciplinary or criminal penalties for the acts or omissions of state officials that contributed to the denial of justice and impunity surrounding the facts in this case. 5. Adopt non-repetition measures that include: i) Establishing regulations and appropriate mechanisms for training, early detection, inspection, supervision, and accountability of public and private educational institutions, in order to prevent and properly respond to sexual harassment situations within said institutions, including the violence exercised through the health care services provided therein; ii) Designing protocols in the education and health sectors that facilitate whistleblowing, confidentiality, and care for students who are victims or witnesses of acts of sexual violence, mindful of their best interests, and paying particular heed to ethical medical treatment and the effects on the emotional and mental health of girls and adolescents; iii) Incorporating into mandatory teaching materials appropriate and timely information, geared to the children's level of maturity, designed to provide them with tools for preventing and reporting cases of sexual violence; iv) Ensuring that the authorities in the Judiciary, Public Prosecutors' Office, and National Police responsible for conducting investigations and criminal proceedings regarding violence against women and girls, including sexual violence in educational facilities and in the health services provided by those institutions, have the proper training and institutional backing needed to investigate with a gender perspective and due diligence, in the terms highlighted in this report; and v) Running educational and awareness-raising campaigns I/A Court H.R. Case of Gutiérrez and family v. Argentina. Merits, Reparations and Costs. Judgment of November 25, 2013. Series C No. 271, par. 130. 205 I/A Court HR. Case of Gutiérrez and family v. Argentina. Merits, Reparations and Costs. Judgment of Monday, November 25, 2013. Series C No. 271, par. 130. 204