148.
By virtue of the above considerations, the Commission concludes that the State is responsible
for the violation of the right to physical, mental, and moral integrity established in Article 5(1) of the American
Convention in conjunction the obligations established in Article 1(1) of said instrument, in prejudice of the Mr.
Garzón Guzmán’s next of kin stated in paragraph 65 of the present report.
VI.
CONCLUSIONS
149.
The Commission concludes that the State of Ecuador is responsible for the violation of the
rights to juridical personality, to life, to humane treatment, to personal liberty, to fair trial and to judicial
protection enshrined in articles 3, 4(1), 5(1), 5(2), 7, 8(1) and 25(1) in conjunction to article 1(1) of that
international instrument, as well as Articles I (a) and I (b) of the Inter-American Convention on Forced
Disappearance of Persons in prejudice of César Gustavo Garzón Guzmán. The Commission also concludes that
the State is responsible for the violation of the rights to judicial protection and humane treatment enshrined in
articles 8(1), 25(2) and 5(1) in conjunction with Article 1(1) of that international instrument in prejudice of
the next of kin of César Gustavo Garzón Guzmán stated in the present report.
VII.
RECOMMENDATIONS
150.
By virtue of the of the above conclusions,
THE INTERAMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS TO THE STATE OF
ECUADOR, TO
1.
Conduct a complete, impartial, and effective investigation into the whereabouts of César
Gustavo Garzón Guzmán, and should it be determined that the victim is no longer alive, adopt the necessary
measures to deliver his remains to his family, as they wish.
2.
Conduct domestic proceedings in connection with the violations of human rights shown in this
report and initiate criminal proceedings for the offense of forced disappearance of the person of César Gustavo
Garzón Guzmán, in an impartial, effective, and timely manner with a view to fully clarifying the facts, identifying
those responsible, and imposing the corresponding punishments.
3.
Make adequate reparation for the human rights violations declared in this report, both
materially and morally, including just compensation, the establishment and dissemination of the historical
truth of what happened, a public acknowledgment of responsibility, and the implementation of an adequate
care program for his next of kin, in consultation with them.
4.
Adopt the corresponding administrative, disciplinary or criminal measures for the acts or
omissions of state agents that contributed to the denial of justice and impunity of the facts of the case, including
the acts or omissions of the authorities that would have obstructed the undertaking of the a diligent
investigation.
5.
Adopt the necessary measures of non-repetition to prevent any similar events from occurring
in the future. The measures of non-repetition in the instant case shall include legislative, administrative or
other measures in order for the investigations about the forced disappearance of persons in Ecuador to comply
with the standards described in this report.
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