149. The Court assesses positively the search efforts made to date, particularly during the last
few years, to locate Mr. Núñez Naranjo. Without prejudice to the foregoing, this Court orders the
State to continue with the search actions. These actions must be diligently pursued through
appropriate judicial and/or administrative channels, making every effort to determine, as soon as
possible, the whereabouts of Fredy Núñez Naranjo or the identification of his mortal remains. For
this, the State must have all the adequate and appropriate human, technical and scientific
resources and develop the necessary or convenient institutional articulation actions.182 In relation
to such proceedings, a communication strategy must be established with the families and a
framework for coordinated action must be agreed upon to ensure their participation, knowledge,
and presence, in accordance with the pertinent guidelines and protocols. In the event that it is
established that the victim has passed away, the mortal remains must be delivered to their family
members, after a reliable verification of identity, as soon as possible and at no cost to them. Also,
the State must cover the funeral expenses, as appropriate, in accordance with the wishes of the
next of kin.183
150. Now, this Court notes that, based on the International Convention for the Protection of All
Persons from Enforced Disappearances184 and other important international instruments,185 the
United Nations Committee on Enforced Disappearances adopted the Guiding Principles for the
search of disappeared persons.186 The Court understands it is important that they be taken into
account in compliance with the ordered reparations. The following guidelines stand out in the
aforementioned principles:
a) The search for a disappeared person should continue until his or her
fate and/or whereabouts have been determined with certainty, which
implies that such person is "is again under the protection of the law"
or, if they turn out to be deceased, they have been "fully identified"187;
b) The victim's family members, who are also individuals affected, and
individuals who represent or assist them have the right to participate
in the search, which includes, among other aspects, access to
information, without prejudice to the necessary measures to preserve
the integrity and effectiveness of the criminal investigation or the
search itself.
c) The search should be conducted on the basis of a "comprehensive
strategy." All reasonable hypotheses concerning the person’s
disappearance should be explored, without ruling out any of these,
182
Cf. Case of Contreras et al. v. El Salvador. Merits, Reparations, and Costs. Judgment of August 31, 2011. Series C
No. 232, para. 191, and Case of Flores Bedregal et al. v. Bolivia, supra, para. 117.
183
Cf. Case of Contreras et al. v. El Salvador, supra, paras. 191 and 192 and Case of Flores Bedregal et al. v. Bolivia,
supra, paras. 186 and 187.
184
Ratified by Ecuador on October 20, 2009. In force for the State as of the thirtieth day following deposit of the
instrument of ratification, in accordance with Article 39(2) of the treaty.
185
The document clarifies that the Principles "[a]lso take into account the experience of other international bodies and
various countries around the world" (Introduction, para. 1). Cf. Guiding principles for the search for disappeared persons
by the UN Committee on Enforced Disappearances, April 16, 2019.
186
Approved by the Committee on Enforced Disappearance during its 16th session (April 8 to 18, 2019). Doc. CED/C/7.
187
However, the document clarifies (in its Principle 7.4) that "[i]f the disappeared person has not been found and there
is credible evidence beyond a reasonable doubt of his or her fate or whereabouts, the search may be suspended when it is
not physically possible to recover the person and once all obtainable information has been exhaustively analysed and all
possible scenarios investigated. This decision should be taken in a transparent manner and requires the prior and informed
consent of the family members or persons close to the disappeared person."
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