VII
SCOPE OF THE “COMPLIANCE AGREEMENT’’
74.
Now that the facts have been determined, this must be complemented by indicating
the effects of the State’s acts of acknowledgement of responsibility in the agreement on
compliance with and implementation of the recommendations contained in the Commission’s
Merits Report, signed by the State and Melba Suárez Peralta on September 8, 2011.
A.
Agreement on compliance with the recommendations contained in the
Commission's Merits Report
75.
Following the Commission’s adoption of its Merits Report, the State and Melba Suárez
Peralta and her representative met to negotiate an agreement on compliance with the
recommendations contained in this report (supra para. 2.e). On September 8, 2011, the
Ministry of Justice, Human Rights and Worship, represented by the Minister of Justice,
Johana Pesántez Benítez, and Melba del Carmen Suárez Peralta signed a “Compliance
Agreement”; its purpose was:
To comply with the recommendations made by the Inter-American Commission on Human Rights
in Merits Report No 75/11, Case 12,683 […]. To this end, the Ministry and the beneficiaries
agreed on a timetable for execution of the measures of reparation. 117
76.
The parties agreed on measures with regard to each of the five recommendations
made by the Commission, to be complied with between October 2011 and October 2012,
according to an “implementation timetable,” 118 as follows:
[1. The] Ministry of Justice, Human Rights and Worship undertakes: to inform the Prosecutor
General’s Office [and the Council of the Judicature] of the facts and the Merits Report, so that an
investigation is conducted and the respective criminal [and administrative] sanction imposed on
the agents of justice whose conduct has resulted in the excessive delay in the processing of the
criminal proceedings and the consequent lack of access to justice for the victims” [October 2011].
[…]
[2. The State will pay] compensation for judicial costs, pecuniary damage and non-pecuniary
damage in the amount of US$250,000 to Melba del Carmen Peralta, US$30,000 to Melba Peralta
Mendoza, and US$20,000 for the medical care provided to the beneficiary, 119 […] for a total of
US$300,000 [November 2011].
[3.] In addition […], it will coordinate the placement of a plaque with a public apology in the
building of the Provincial Court of Justice of Guayaquil [and] the publication of part of the text of
the recommendations in the Guayaquil daily newspaper El Universo, to be agreed with the
beneficiary” [November 2011].
[4.] Adopt the necessary measures to provide immediately and free of charge, through its
specialized health care institutions and in the place of residence of Mrs. Suárez Peralta, the
required medical treatment, including any medicines that she may require and based on her
ailments […]. Given that, in the previous meetings, Mr. Cerezo and the beneficiary have stated
that they will not accept the medical health care in public hospitals, health centers and clinics, it
was agreed that the State will pay the sum of US$20,000 for medical care [Time frame:
November 2011].
117
Compliance Agreement of September 8, 2011 (file of annexes to the answering brief, folio 2946).
118
Implementation timetable. Friendly settlement agreement (file of proceedings before the Commission,
folio 849).
119
made.
It should be noted that the Agreement did not define any way of proving that the said payment had been
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