[…] rejects the accusations regarding the existence of an enforced disappearance,
and in that sense [states that] the facts used to describe the existence of an enforced
disappearance are not attributable to the State. However, it is undeniable that the
events that form part of this case constitute a crime perpetrated by individuals; such
crime should have been investigated and sanctioned by the Ecuadorian State.
Although procedures were initiated, they are still ongoing and so far, have not yielded
results. Therefore, the State acknowledges that it has not fulfilled its obligation to
investigate and sanction, and for that reason acknowledges its responsibility under
Articles 8 and 25 of the Convention on Human Rights. […]
15.
On the same occasion, the State added that:
[…] although investigations were carried out, inquiries were made, and the criminal
investigation process was initiated, these inquiries have not been sufficient, and
additionally, at the time, in his judicial review, the judge found what could be called
negligent performance by the Prosecutor's Office, and that negligent performance is
what determined the provisional stay of proceedings, and that is why the Ecuadorian
State acknowledges its responsibility.
16.
Subsequently, in its final written arguments, it claimed that:
The State reiterates its legal position that the events of the case do not constitute an
enforced disappearance; however, it acknowledges [that] a criminal offense occurred
for which private individuals were responsible, but the events of this case have not
been investigated with the requisite due diligence to determine the corresponding
responsibilities and criminal sanctions. Consequently: the State of Ecuador
acknowledges its international responsibility for the violation of rights enshrined in
Articles 8(1) and 25(1) of the American Convention, in relation to Article 1(1) of the
same instrument.
17.
Likewise, with regard to reparations, the State highlighted its efforts to comply with the
recommendations included in the Report on the Merits and requested that the Court "declare that
it is not appropriate to order reparations in favor of the alleged victim, as the non-existence of
damages has been evidenced [...], as well as the absence of any evidentiary support."
18.
The representative did not comment on the partial acceptance of facts and partial
acknowledgement of responsibility made by the State.
19.
The Commission, in turn, positively valued the partial acknowledgement of responsibility
by the State of Ecuador. However, the Commission pointed out that it did not have detailed
information about its scope. Insofar as "the public hearing does not indicate whether the admission
of the violation of such rights includes all the factual and legal issues presented by the
[Commission] before [the] Court on such aspects, particularly on compliance with its obligations
in i) the investigation into the victim's disappearance; and ii) in the search process for his
whereabouts."
B.
Considerations of the Court
20.
The Court will analyze the situation presented in keeping with Articles 62 and 64 of the
Rules and in the exercise of its powers of international judicial protection of human rights, –a
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