to the detriment of Luis Eduardo Guachalá Chimbó and his family members in the terms explained throughout
this merits report.
VII.
RECOMMENDATIONS
219.
In light of the foregoing conclusions,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
RECOMMENDS TO THE STATE OF ECUADOR THAT IT:
1.
Make integral reparation for the human rights violations found in this report, both
material and non-material. The State should order measures of economic compensation and
satisfaction.
2.
Undertake a search, using all means available, for the fate or whereabouts of Luis
Eduardo Guachalá Chimbó or his mortal remains. If appropriate, order adequate mechanisms
for identifying and proceeding to the return of his remains to his family members.
3.
In the event that Luis Eduardo Guachalá Chimbó appears alive, provide him, free of
charge and for the time necessary, and in coordination with him, the mental health treatment
he requires, in keeping with the standards set forth in this report.
4.
Continue the investigations impartially, effectively, and within a reasonable time for
the purpose of clarifying the facts completely, identifying the perpetrators, and imposing the
corresponding sanctions.
5.
Order measures of non-repetition that include: (i) review the domestic legislation and
deep-rooted practices in terms of decision-making of persons with disabilities, so as to ensure
that both the legal framework and practice are compatible with the international standards
described in this merits report; (ii) draw up a comprehensive plan for the purpose of
reviewing the policy of hospitalizing persons in public mental health institutions and gear it
to de-institutionalization, in keeping with the relevant international standards, ensuring the
conditions of personal security and guarantees needed for their inclusion in the community;
and (iii) adopt specific measures to eradicate coercion and forced psychiatric treatments as
well as to ensure informed consent in mental health, in relation both to being committed and
to treatment, in keeping with the standards described in this report. (iv) Incorporate the
components of the right to mental health in the general health strategies and plans,
prioritizing psychosocial and community services.
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