47. The Commission emphasizes that in cases in which a forced disappearance is alleged, it has been the practice of the bodies of the Inter-American system to give special consideration to the nature of this violation, which is intended to erase any physical trace of the crime and which is generally followed by a series of acts and omissions on the part of State officers seeking to cover up the crime by means of various ploys. First, they deny the deprivation of liberty. Next, they resort to disinformation, or the dissemination of false information, regarding the victim’s whereabouts or fate. Finally, they conduct ineffective, lax investigations that, far from establishing the truth, perpetuate ignorance about the victim’s fate.5 48. Likewise, the Court has stated that indicatory or presumptive evidence is of special importance in the case of complaints of forced disappearance, because this type of violation is characterized by the attempt to eliminate any element that would allow the detention, whereabouts, and fate of the victims to be determined.” 6 The Court has deemed it possible for the disappearance of a specific individual to be demonstrated by means of indirect and circumstantial testimonial evidence, when taken together with their logical inferences, and in the context of the widespread practice of disappearances.7 49. The facts will be described in the following order: (A) General context of forced disappearances; (B) General Information included in the Report from the Truth Commission; (C) About César Gustavo Garzón Guzmán and his disappearance; (D) About the domestic proceedings. A. General context of forced disappearances 50. The Commission has monitored the human rights situation in Ecuador, through its various protection mechanisms. Specifically, in its 1997 "Report on the Situation of Human Rights in Ecuador", it reported that between 25 and 30 forced disappearances took place between 1985 and 1995 in Ecuador, many of which occurred between 1985 and 19888. It added that in some of these cases, the Criminal Investigation Service of the Police was responsible for carrying out the crimes and attempting to conceal them 9 , and recommended that the State carry out prompt, exhaustive and impartial investigations in all cases of disappearances that have not yet been resolved, as well as prosecute and punish those responsible and compensate the survivors of the victims10. 51. For its part, the Working Group on Enforced or Involuntary Disappearances of the United Nations reported on 17 cases of disappearances in Ecuador between 1985 and 1992 and indicated that most of these cases "concerned persons who were reportedly arrested by members of the Criminal Investigation Service of the National Police. The disappearances occurred in Quito, Guayaquil and Esmeraldas (…)”11. B. General Information included in the Report from the Truth Commission 52. Taking into account that “during the democratic period torture, disappearances, extrajudicial killings and other grave violations of human rights were denounced as part of a State practice that must be 5 IACHR, Report No. 111/09. Case11.324. Merits. Narciso González Medina. Dominican Republic. November 10, 2009, para. 56. I/A Court H.R., Case of González Medina and family v. Dominican Republic. Preliminary Objections, Merits, Reparations and Costs. Judgment of February 27, 2012. Series C No. 240, para. 134. 6 7 I/A Court H.R., Blake v. Guatemala Case. Judgment of January 24, 1998. Series C No. 36, para. 49. IACHR, Report on the Situation of Human Rights in Ecuador, OEA/Ser.L/V/II.96/Doc.10 rev.1, 24 April 1997, E. Claims concerning Disappearances, http://www.cidh.org/countryrep/ecuador-eng/chaper-4.htm#THE RIGHT TO LIFE. 8 9 IACHR, Report on the Situation of Human Rights in Ecuador, OEA/Ser.L/V/II.96/Doc.10 rev.1, 24 April 1997, E. Claims concerning Disappearances, http://www.cidh.org/countryrep/ecuador-eng/chaper-4.htm#THE RIGHT TO LIFE. 10 IACHR, Report on the Situation of Human Rights in Ecuador, OEA/Ser.L/V/II.96/Doc.10 rev.1, 24 April 1997. 11 UN, Report of the Group on Working Group on Enforced or Involuntary Disappearances, E/CN.4/1995/36, p. 33, December 30, 1994 https://documents-dds-ny.un.org/doc/UNDOC/GEN/G95/100/03/PDF/G9510003.pdf?OpenElement 6