Nations Working Group each of them involved the alleged detention of Peruvian citizens by the Ecuadorian
authorities during the period of the undeclared border conflict between the two countries. Two of those cases
had been resolved and one remained pending54. In that same report, the IACHR pointed out that it had
before it a series of petitions alleging the disappearance and purported detention of Peruvians on Ecuadorian
soil during the period of the border conflict and that it "is still attempting to throw light on the status of one
person allegedly detained toward the end of January 1995, whose whereabouts apparently had still not been
ascertained55.
68.
The Truth Commission in Ecuador was established on May 3, 2007 through Executive
Decree\ No. 305, published in the official gazette (Registro Oficial) No. 87 of May 18, 200756, in order to
investigate human rights violations between 1984 and 1988, and other special cases57 . Once it was installed,
the Truth Commission extended its remit to cover 200858, based its analyses and conclusions on 118
cases,59and on June 6, 2010 presented its Final Report: "WITHOUT TRUTH THERE IS NO JUSTICE"
(hereinafter: the Report of the TC").
69.
Among the cases listed is Case No. 86: Jorge Vazquez, with the following
headings/annotations:
Place and date of the events: Huaquillas, January 30, 1995
Case file No.: 232328
Total number of victims: 1
Alleged perpetrators: N/A
Victim: Vásquez Durand Jorge
Volume 5 - V 434
Violations committed against him: Torture, forced disappearance, illegal deprivation of
liberty
70.
The Truth Commission details the facts of the case as follows:
54 Appendix 38. Report of the Working Group on Enforced or Involuntary Disappearances. E/CN.4/1996/38, January 15, 1996,
paragraphs 160-165. Available at: http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G96/102/18/PDF/G9610218.pdf?OpenElement
55 Appendix 39. IACHR, Report on the Situation of Human Rights in Ecuador, April 24, 1997, Chapter IV, Right to Life. E.
Complaints regarding disappearances. Available at: http://www.cidh.org/countryrep/Ecuador-sp/Capitulo%204.htm
56 "The Truth Commission of Ecuador was established as the outcome of a historical process driven by a number of
organizations of victims of human rights violations and their family members over the course of more than 20 years (the Committee of
Family Members of Political Prisoners, the Committee of Family Members against Impunity, and, in recent years, the No to Impunity
Ecuadorian Committee - CENIMPU -- to which not only family members but also some direct victims belonged), which had been
demanding that the Ecuadorian State fully acknowledge and satisfy their rights to truth, justice ,and reparation." Appendix 37. Report of
the
Truth
Commission
of
Ecuador.
2007.
Executive
Summary:
Introduction,
p.
17.
Available
at:
http://www.alfonsozambrano.com/comision_verdad/index.htm
57 The Ecuadorian Peace Commission's objectives were to: 1. To conduct an in-depth and independent investigation into
human rights violations between 1984 and 1988, as well as other special cases, such as the so-called Fybeca case, and their underlying
causes and circumstances. 2. Request declassification of State archives marked confidential or national security-related. 3. Foster
recognition for the victims of those violations and devise reparation policies. 4. Recommend the necessary legal and institutional
reforms, and effective mechanisms for preventing and punishing human rights violations. 5. Determine the existence of probable
circumstantial evidence of civil, criminal, and administrative liabilities and to pass it on to the pertinent authorities. (see Appendix 37).
Report of the Truth Commission of Ecuador. 2007. Executive Summary. Introduction, p. 17.
58 " Given the demand for the Commission to address cases of human rights violations after the 1984-1988 period, the
commissioners decided not to discriminate against any cases presented, provided that the violations were alleged to have been
committed by State agents and fell into one of the five aforementioned categories," that is to say: a. extrajudicial execution, homicide,
death while in custody; b) enforced disappearance; c. torture; d. sexual violence; e. arbitrary detention. (see Appendix 37). Report of the
Truth Commission of Ecuador. 2007. Executive Summary. Introduction, p. 25.
59
Appendix 37. Report of the Truth Commission of Ecuador. 2007. Executive Summary. Introduction, p. 50.
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