2

The State ratified the American Convention on Human Rights on December 28, 1977, and
accepted the contentious jurisdiction of the Court on July 24, 1984.
The Commission has designated Commissioner Luz Patricia Mejía, and Executive Secretary
Santiago A. Canton, as its delegates. Likewise, Elizabeth Abi-Mershed, Deputy Executive Secretary;
Tatiana Gos, attorney of the Executive Secretariat of the IACHR, have been designated to serve as
legal advisors.
In accordance with Article 35 of the Rules of Procedure of the Inter-American Court, the
Commission is enclosing with this communication a copy of Report 99/11 prepared in compliance
with Article 50 of the American Convention, as well as a copy of the entire file before the InterAmerican Commission (Appendix 1) and the annexes used in the preparation of Report 99/11
(Annexes). The merits report was notified to the State by a communication dated July 28, 2011,
which was given two months to report on the implementation of the recommendations made
therein. On September 12, 2011, the State requested an extension of the deadline for submitting
the report on compliance with the recommendations formulated by the IACHR in the Report 99/11.
On September 15, 2011, the IACHR notified the State the granting of the extension until October
19, 2011. On, on September 27, 2011, the State requested another extension, without specifying
the term, accepted the suspension of the period for submitting the case to the Court according to
article 51.1 of the American Convention and expressed the renounce to present preliminary
objections, according to article 46 of the Rules of Procedure of the IACHR. On October 14, 2011,
the Commission notified the State the granting of the extension for one month and requested
information on the implementation of the recommendations by November 15, 2011. On November
28, 2011, the State presented a report which did not reveal any substantial progress on the
implementation of the recommendations.
The Commission observes, in general terms, that the State “recommends” adopting certain
measures in an “immediate” way but it does not present information that reveals that certain steps
have been taken in order to comply with recommendations of Report 99/11. In particular, as regards
the recommendation to “reincorporate the victims, in the Judiciary, in a position similar to that they
had held (…) or, alternatively, if, on well-founded grounds, reincorporation is not possible, […]
proceed to pay reasonable compensation to the victims or, where applicable, their successors,” the
Commission notes that the State recommends the drafting of a report that explains that, at present,
there are judges appointed at the Constitucional Court, and therefore, the reincorporation of the
victims would imply affecting those judges rights. The State also recommends the preparation of a
study on reparations for moral damages. The Commission observes that the State does not present
information on the possibilities explored to effectively reincorporate the victims in the Judiciary nor
has provided information regarding concrete steps toward compliance with this item.
With respect to the recommendation to “pay the victims the salaries and labor and/or social
benefits they did not receive from the time they were dismissed until the end of their mandate”, the
Commission notes that the State recommends to request that the Constitutional Court prepares a
report to evaluate the situation of each victim, except Manuel Jaramillo Córdoba, who received no
salary by the time of the termination, because he was an alternate judge. However, to date, no
more precise information has been provided on when this report will be asked or the report itself or
the corresponding payments.
Concerning the recommendation to “publicly recognize, granting adequate publicity, the
violations declared in the […] case, in particular, the infringement on the independence of the
Judiciary”, the Commission observes that the State informed that the Ministry of Justice, Human
Rights and Cult will be the institution in charge of organizing the public act and that the media for
publication should be defined with the beneficiaries. The Commission notes that the information

Select target paragraph3