5 Messrs. Wilmer Zambrano Vélez, Segundo Olmedo Caicedo Cobeña and José Miguel Caicedo Cobeña were extrajudicially executed on March 6, 1993, by State agents through the illegal use of lethal force as part of a military and police security operation with undefined objectives (“capturing criminals, drug dealers, and terrorists”), and a suspension of legal guarantees without clear limits. The situation provided for in the Judgment still persists, since the State continues to fail to provide a satisfactory and convincing explanation regarding the use of lethal force, hence breaching the obligation to ensure an investigation into what occurred was carried out.4 10. Regarding the alleged declaration of the prescriptive period of the criminal prosecution, the Court reminds that the Judgment clearly stated that the State “cannot invoke any domestic law or disposition to relieve itself from the order of the Court to investigate, and when applicable, criminally sanction, those responsible for the execution of Wilmer Zambrano Vélez, José Miguel Caicedo Cobeña and Segundo Olmedo Caicedo Cobeña.”5 11. This Tribunal deems it essential that the State continue to submit updated, detailed, and complete information regarding the progress of the judicial investigation, if the aforementioned prescriptive period decision were revoked, as well as the complementary investigations that have been opened. The State shall, in particular, report on the legal mechanisms which enable the next of kin of the victims to have access to and participation in the criminal procedures, since the next of kin’s right to be informed regarding the course of the investigation and the decisions adopted, to be heard, and to submit evidence must be guaranteed. b) Payment of moratorium interest 12. According to that set forth in the Order of September 21, 2009 (supra Having Seen 2), although the State has paid the economic reparations set in the Judgment of July 4, 2007, in full, the payment of moratorium interest from October 2008 was pending. 13. The State reported that on April 1, 2010, a “Mutual agreement concerning the payment of moratorium interest in the case of Zambrano Vélez and others [v.] Ecuador” was signed, through which the victims agreed and accepted the total amount that the State should pay. Likewise, it informed that “in order to calculate the payment, the State’s 31 day delay in paying compensation was taken into account, as well as the current moratorium interest rate of 9.19%, in line with the official Central Bank rates, calculated on the amounts awarded by the State of Ecuador to [the victims]. The amount awarded on September 1, 2008, was a total of $ 804.000,00. Therefore, “it was concluded that the total value to be paid [was] $ 6.362,54 (six thousand three hundred and sixty two dollars and fifty four cents of the United States of America).” Therefore, the State informed that, according to paragraph 136 of the Judgment, “50% of the compensation awarded was distributed equally between the victim’s children, and the remaining 50% was distributed equally between whomever was the victim’s partner at the time of his or her death.” Likewise, the State informed that each of the sons and daughters of the victims 4 Case of Zambrano Vélez and others v. Ecuador. Merits, Reparations and Costs. Judgment of July 4, 2007. Series C No. 166, par. 94, 101 and 110. 5 Case of Zambrano Vélez and others v. Ecuador, supra note 4, para. 148.

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