REPORT No. 22/17 CASE 11.587 MERITS REPORT CÉSAR GUSTAVO GARZÓN GUZMÁN ECUADOR MARCH 18, 2017 I. SUMMARY 1. On November 8, 1994 the Commission received a petition lodged by the Ecumenical Commission for Human Rights (Comisión Ecuménica de Derechos Humanos-CEDHU) (hereinafter “the petitioners”) alleging the international responsibility of the Republic of Ecuador (hereinafter “the State of Ecuador,” “the Ecuadorian State” or “Ecuador”) for the forced disappearance of César Gustavo Garzón Guzmán by State agents on November 10, 1990, in Quito, Ecuador. The petitioners also alleged that the events were not investigated and impunity prevails. 2. The State denied its responsibility in the disappearance of the alleged victim and stated that there is no evidence that proves that State agents took part in it. Therefore, it indicated that it is not possible to describe the events as forced disappearance. The State also indicated that a series of actions were undertaken to determine the whereabouts of the alleged victim and that the case is included in the Truth Commission’s Report. 3. After reviewing the positions of the parties, the Inter-American Commission concluded that the Ecuadorian State is liable for violations of the rights protected under Articles 3 (Right to Judicial Personality,) 4(1) (Right to Life,) 5(1) and 5(2) (Right to Humane Treatment,) 7 (Right to Personal Liberty,) 8(1) (Right to a Fair Trial) and 25(1) (Right to Judicial Protection) in conjunction with Article 1(1) of the same Convention; and for the violation of Article I (a) and (b) of the Inter-American Convention on Forced Disappearance of Persons to the detriment of César Gustavo Garzón Guzmán. The Commission also concluded that the State is responsible for the violation of the Rights to Fair Trial, Judicial Protection and Humane Treatment enshrined in Articles 8(1), 25(1) and 5(1) in conjunction with 1(1) of the Convention to the detriment of all the next of kin of César Gustavo Garzón Guzmán named herein. II. PROCEEDINGS AFTER THE ADMISSIBILITY REPORT 4. On November 8, 1994 the Commission received the petition and registered it with number 11.587. The processing up to the Admissibility decision is detailed in Report No. 70/10 of July 12, 2010.1 In it, the IACHR declared the petition admissible with regards to the alleged violation of Articles 3, 4, 5, 7, 8 and 25 of the American Convention in connection to Article 1(1) of the same Convention and Article I of the InterAmerican Convention on Forced Disappearance of Persons. 5. On July 20, 2010 the Commission conveyed the Admissibility Report to the parties, made itself available for reaching a friendly settlement and set a deadline of three months for the petitioners to submit additional comments on the merits, in keeping with the Rules of Procedure in force at the time. On April 28, 2011 the petitioners submitted their additional comments on the merits. These comments were forwarded to the Ecuadorian State on May 3, 2011 with a request to return its additional comments on the merits within three months, in accordance to the Rules of Procedure in force at the time. The State submitted its comments on the merits on March 1, 2012. Following this communication, the IACHR received additional communications from both parties, which were duly forwarded. III. 1 5. POSITIONS OF THE PARTIES IACHR, Report No. 70/10, Petition 11.857, Admissibility, César Gustavo Garzón Guzmán, Ecuador, July 12, 2010, paras. 4 and 1