possible, including the determination of patterns of collective action and of all those who, in different ways,
took part in the said violations, as well as their corresponding responsibilities.62
75.
In the instant case, the Commission considers it established that Luis Eduardo Casierra lost
his life and Andrés Alejandro Casierra was wounded in circumstances in which state agents used lethal force
in and illegitimate, unnecessary, and disproportionate way without justification for doing so. Added to that,
there was no investigation by a competent, independent, and impartial authority.
76.
Therefore, the Commission considers that the loss of a loved one and the wounding of another
in circumstances such as those described in this report, coupled with the absence of truth and justice, caused
suffering and anguish to the relatives of the Casierra brothers identified hereinabove (see par. 20). The
foregoing violated their right to have their and mental and moral integrity respected, as recognized at Article
5.1 of the American Convention, in connection with the obligations set out in Article 1(1) thereof.
V.
CONCLUSIONS AND RECOMMENDATIONS
77.
Based on its determinations as to fact and law, the Inter-American Commission has concluded
that the State is responsible for violation of Articles 4(1) (right to life), 5(1) (right to humane treatment), 8(1)
(right to a fair trial), and 25(1) (right to judicial protection) of the American Convention on Human Rights,
taken in conjunction with the obligations set forth in Articles 1(1) and 2 of that instrument.
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS THAT THE
ECUADORIAN STATE:
1.
Provide full reparation for the human rights violations found in this report, including
both material and nonpecuniary dimensions and encompassing measures of just satisfaction and
economic compensation.
2.
Take steps to provide the physical and mental health care necessary for the
rehabilitation of Alejandro Casierra Quiñonez and his relatives, should they wish it, in a manner agreed
upon with them.
3.
Initiate a diligent and effective investigation in the regular criminal jurisdiction,
carried out within a reasonable time, in order to completely clarify the events, identify all those who
bear possible responsibility, and impose the appropriate penalties for the human rights violations
found in this report. Taking into account the seriousness of the violations found and the inter-American
standards in that respect, the Commission underscores that the State may not in invoke the principle
of non bis in idem, res judicata, or the statute of limitations to justify failure to implement this
recommendation.
4.
Adopt non-repetition measures that include (i) training for all Ecuadorian Navy
personnel in international standards on the use of force, including lethal force; (ii) adequate
accountability mechanisms with respect to abuses committed by members of such security forces; (iii)
strengthening investigative capacities in relation to cases involving the use of lethal force in order to
ensure that such investigations are consistent with the standards described in this report; and (iv)
ensuring that domestic legal provisions and their interpretation are compatible with the standards
described in this report where application of military criminal justice is concerned.
62
I/A Court H.R., Case of Valle Jaramillo et al. v. Colombia, Merits, Reparations and Costs, Judgment of November 27, 2008, par. 102.
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