provisions in force at the time of the facts alleged by the parties. The IACHR is including the Final Report of the Ecuadorian Truth Commission, entitled "Without the Truth There is No Justice," in the body of evidence in the instant case, which was published in Quito, Ecuador on June 7, 2010.21 54. Below, the IACHR will pronounce on the context surrounding the facts of the instant case and the facts that have been finally established, with a view to determining by means of legal analysis the liability of the Ecuadorian State. B. Facts 1. Context: The Cenepa War or Upper Cenepa Valley Conflict between Ecuador and Peru 55. The so-called Cenepa War or Upper Cenepa Valley Conflict between Ecuador and Peru22, purportedly over a border dispute, began in January 1995.23 As a consequence of the conflict in the border region, on January 27, 1995, Ecuadorian President Sixto Durán Ballén issued Executive Decree No. 2487, declaring a national state of emergency,24which gave the authorities the special powers contemplated in the Constitution and the National Security Law in force at the time. 56. While the hostilities lasted, both countries' armies mobilized and clashed. Both military and civilian personnel were killed,25wounded, and detained.26 In addition, several27 Peruvian citizens were detained in Ecuador by police and soldiers.28 On October 24, 1998, in the Peace Agreement of Brasilia,29 the 21 On this, see Colectivo http://prodh.org/blog/?p=259 PRODH on the "Without the Truth There is No Justice" report. Posted at: 22 Om February 17, 1995, Ecuador and Peru signed the Declaration of Peace of Itamaraty in Brazil, in which both countries agreed to withdraw troops. On February 28, 1995, through the Declaration of Montevideo, they reiterated that commitment by agreeing to "an immediate and effective ceasefire." Appendix 1. Peru – Ecuador. On the path to peace and development. Electronic book. 2nd Edition. Volume I Posted at: http://www.congreso.gob.pe/biblio/libros/libro1/1volum/indice.htm 23 Appendix 2. Ministry of National Defense of Ecuador. "Armed Forces Commemorate XIXth Anniversary of the Heroic War of the Cenepa," Quito, January 24, 2014. Available at: http://www.defensa.gob.ec/ff-aa-conmemoraron-xix-aniversario-de-la-gesta-heroicadel-cenepa/ 24 "Eventually, this decree was revoked by the Constitutional Guarantees Tribunal through Resolution No. 201-95-CP, issued in October 1995, following its finding that the grounds for the special measures adopted no longer existed and therefore the curtailment of individual restrictions could no longer be justified." Appendix 8. IACHR, Report on the Human Rights Situation in Ecuador, April 24, 1997, Chapter II, Introduction, A. Legal and Institutional Guarantees in the Republic of Ecuador. 4. Suspension of Constitutional Guarantees. Available at: http://www.cidh.org/countryrep/Ecuador-sp/Capitulo%202.htm 25 "The official death count varied, according to country. Ecuador officially acknowledged the death of 33 soldiers. That figure was contested at the time by the Joint Chiefs of Staff of the Peruvian Armed Forces, which claimed that 350 Ecuadorian soldiers had been killed. Peru acknowledged the death of 60 of its soldiers. It is difficult to know whether the two countries were telling the truth. Estimates by some nongovernmental organizations out the total number of dead at 500, while other think tanks talk of 120 dead." Appendix 5. BBC Mundo, “Así fue la última guerra”, March 3, 2008. Available at: http://news.bbc.co.uk/hi/spanish/latin_america/newsid_7274000/7274638.stm 26 During the conflict, the Commission was informed by the Ecuadorian and Peruvian States, by petitioners, and by information in the public domain, that several Peruvians had been detained in Ecuador. On this, see: Appendix 6. Detainees whose release is being negotiated (AI 11-05-95 4.00 P.M.) Appended to the Note of the Permanent Mission of Peru to the Organization of American States of May 12, 1995. Appendix 7. Writ of the State of Ecuador, dated May 22, 1995, presenting information to the IACHR regarding Cases 11.456, 11.457, 11.458, and 11.462, all alleging detentions of Peruvian citizens in Ecuador during the Cenepa Valley conflict. In that same note, the State indicates that "the Government of Ecuador proposed an exchange of detainees, accused of spying, to the Peruvian Government several weeks ago." 27 During processing of the case by the IACHR, the Permanent Mission of Peru to the OAS presented a list of Peruvian citizens allegedly detained in Ecuador whose release was being sought. The list contained information as of May 11, 1995 and referred to detentions in: Guayaquil, Loja, Machala, and Quito, Ecuador.. Appendix 6. Detainees whose release is being negotiated (AI 11-05-95 4.00 P.M.) Appended to the Note of the Permanent Mission of Peru to the Organization of American States of May 12, 1995. 28 Appendix 9. Poster of the International Committee of the Red Cross and the Ecuadorian Red Cross. Appended to a writ submitted by the petitioners on May 22, 1995. 29 A new round of negotiations led to the Agreement or Act of Brasilia of October 24, 1998, under which the Presidents of Peru and Ecuador concluded that all disputes between the two countries had been definitively settled. Appendix 4. Peru – Ecuador. On the [continues …] 10