established. Quero Canton is part of Tungurahua Province, located in the Central Highlands of
Ecuador.27 The canton seat is located in the Quero urban parish.28 Within the same canton, just a
few kilometers from the canton seat, the communities of Puñachizag and Shaushi are found.29
39. At the time of the events, members of these communities were part of the "Provincial
Federation of Peasant Defense Boards of the Province of Tungurahua,"30 established in that same
province in 1966,31 and also of the "Central Board of Peasants of Quero Canton," incorporated on
February 10, 1984.32 The first of these organizations was created with the purpose of bringing
together the Peasant Defense Boards of the province as a form of social organization recognized
by Ecuadorian domestic regulations. Their purpose is to defend the "rights and interests" common
to its members.33 The State did not provide the requested information on the current legal status
of Peasant Defense Boards. However, evidence has been shown that they were active in Quero
Canton and were recognized by the State.34
B.
Detention and subsequent disappearance of Fredy Núñez Naranjo
40. Fredy Núñez Naranjo was 27 years old at the time of his disappearance and he lived in the
city of Quero. He was a professional driver and helped in the family business, a billiard table
establishment where alcoholic beverages were occasionally sold, located in the same city.35 He is
the son of Sixto Núñez and María Gregoria Naranjo; and brother of Marcia and Silvia Núñez
Naranjo.36
41. On July 15, 2001, a confrontation erupted between Fredy Núñez Naranjo and OM after OM
caused a disturbance in the aforementioned family business due to María Gregoria Naranjo's
refusal to sell alcoholic beverages to him.37 According to a subsequent statement from OM, the
quarrel apparently started as a result of Mr. Núñez Naranjo's theft of the money obtained from
"the sale of [a] young bull."38 As a consequence of the altercation, OM sustained injuries.39
42.
Around 4:00 PM, the Police went to the scene of the disturbance and arrested Fredy Núñez
27
28
29
Cf. Final arguments brief from the State of March 3, 2023 (case file on the merits, page 450).
Cf. Final arguments brief from the State of March 3, 2023 (case file on the merits, page 450)
Cf. Brief of final arguments from the State of March 3, 2023 (case file on the merits, pages 519 and 520)
30
Also known as "Consortium of Peasant Boards of Tungurahua." Cf. Police Report No. 1123-PJT-CP9- 2001 of August
16, 2001 (case file of evidence, pages 13 and 16).
31
Cf. Statutes of the Provincial Federation of Peasant Defense Boards of Tungurahua approved by Executive
Agreement No. 103 of October 10, 1966 (case file of evidence, page 1695).
32
Cf. Official letter from the Central Board of Peasants No. 88-CJDCQ-2002 addressed to the Chief Prosecutor of
Tungurahua on June 30, 2002 (case file of evidence, page 39).
33
Cf. Article 2. Statutes of the Provincial Federation of Peasant Defense Boards of Tungurahua approved by Executive
Agreement No. 103 of October 10, 1966 (case file of evidence, page 1696).
34
Cf. Brief of final arguments from the State dated March 3, 2023 (case file on the merits, page 458); Article 1 of the
Statutes of the Provincial Federation of Peasant Defense Boards of Tungurahua approved by Executive Agreement No. 103
of October 10, 1966 (case file of evidence, page 1696) and Official Letter from the Central Board of Peasants No. 88CJDCQ-2002 addressed to the Fiscal Minister of Tungurahua on June 30, 2002 (case file of evidence, page 39).
35
Cf. Report on the Merits of the Commission from May 4, 2019 (case file on the merits, page 11) and State's final
arguments Brief from March 3, 2023 (case file on the merits, page 458).
36
Cf. Report on the Merits of the Commission of May 4, 2019 (case file on the merits, page 11)
37
Cf. Police Report No. 1123-PJT-CP9-2001 of August 16, 2001 (case file of evidence, page 23).
38OM statement of October 18, 2001 given within Case No. 1128-PJT-CP9-2001 (case file of evidence, page 345) and
Police Report No. 1376-CP9-2001 of October 18, 2001 (case file of evidence, page 31).
39
Cf. Police Report No. 1123-PJT-CP9-2001 of August 16, 2001 (case file of evidence, page 23).
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